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(영문) 수원지방법원성남지원 2017.11.14 2017가합182

매매대금반환

Text

1. The Defendant’s KRW 350,000,000 as well as 5% per annum from May 30, 2016 to November 14, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On March 16, 2016, the Plaintiff prepared a sales contract (hereinafter “instant sales contract”) with respect to “D” subparagraph 22, which was scheduled to be newly built on the land of the Defendant and B, and ASEAN and 12 parcels (hereinafter “instant real estate”). The said sales contract was signed with the Defendant’s seal impression.

The location of the sales contract: The sale price on the sales contract of KRW 350,000,000 for the sale price on the sale contract of KRW 350,000,000, or the sale price on the sale contract of KRW 450,000 for the sale price of KRW 350,000 for the actual sale price at the discounted price of KRW 100,000,000 for the sale price: The sale price may be cancelled if it becomes impossible to move into within two months from the scheduled date due to the reasons attributable to the seller of Article 2(2) of the sale contract of KRW 1,000 for the sale price of KRW 349,000 for the sale price of KRW 349,00 for the down payment and the sale price of KRW 340,00 for the sale price.

Where this contract is terminated due to a cause falling under Articles 3 (2) and 2 (2), the seller shall pay the same amount as the down payment to the buyer as the penalty.

B. By March 16, 2016, the Plaintiff paid the sales price of KRW 350,000,000 to the Defendant and B Company.

C. On April 19, 2016, the Plaintiff drafted a termination contract with the Defendant and B Company as follows (hereinafter “instant termination contract”).

D Termination Contract

1. Location of real estate: ASEAN and 12 parcels (D complex 22);

2. Sale price: The payment method of KRW 350,000,000: Temporary payment of the account for Rose of Sharon.

3. Cancellation of a contract: The seller and the buyer shall terminate the present contract under mutual agreement;

4. Return of sale proceeds: A seller shall submit a written request for execution of return funds by April 22 so that the sale proceeds can be fully refunded from a trust of Rose of Sharon by April 30.

5. Other matters not specified in this contract: related Acts and subordinate statutes and matters not agreed upon shall be determined by mutual agreement between A and B.