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(영문) 서울중앙지방법원 2015.02.12 2014가합508905

계약금반환등

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 20,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from March 5, 2014 to February 12, 2015.

Reasons

1. Basic facts

A. On October 1, 2010, the Plaintiff entered into a sales contract with the Defendant to sell KRW 230,000,000 of the purchase price (hereinafter “instant contract”). On October 21, 201, the Plaintiff completed the registration of ownership transfer with respect to the instant forest under the Defendant’s name on October 21, 2010, after receiving the purchase price from the Defendant.

[Real Estate Sales Contract]

Ⅰ. Indication of real estate: 230,000,000 won for total reservation for sale of forest land C, 7,140 square meters in Gangwon-gun;

Ⅱ Under the agreement between the seller and the buyer, Article 1 (Defendant) of the terms and conditions of the contract, KRW 10,00,000 for the payment method of the purchase price under Article 2: KRW 30,000 for the intermediate payment deposited in the seller’s passbook at the time of the contract: KRW 190,000 for the intermediate payment deposited in the seller’s passbook: The remainder of KRW 190,000 on October 19, 2012 between the Plaintiff and Nonparty D at the time of termination of the claim for restitution of unjust enrichment between the Plaintiff and Nonparty D, the Plaintiff received the total amount of unjust enrichment from the Defendant (D) at the same time, and the seller of Article 4 at the same time, is liable and cancelled the buyer’s debts and taxes with respect to the forest of this case until the transfer registration procedure for ownership is implemented.

From the date of the contract under Article 5, the seller and the purchaser jointly hold the right to dispose of the forest of this case, and the seller shall not make an absolute demand for the amount exceeding the purchase price, and shall immediately comply with the procedures for transfer of ownership after the remainder

Section 7. In the event of a seller's breach of this contract, the seller shall be liable for the penalty of twice the amount paid by the buyer.

B. On October 15, 2012, the Plaintiff entered into a contract with the Defendant under the following terms (hereinafter “instant contract”) and paid KRW 40,000,000 to the Defendant the down payment and intermediate payment.

C. On December 31, 2012, the Defendant registered the establishment of the instant forest with respect to the instant forest to the Geum River Agricultural Cooperative, the maximum debt amount of which is 36,000,000, and the duration of which is 30 years.