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(영문) 의정부지방법원 고양지원 2018.12.14 2018가합70038

계약금및중도금반환등

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1. The Defendant: (a) from October 27, 2017, to Plaintiff A, KRW 216,270,929, and KRW 173,016,742 to Plaintiff B, and each of the said money.

Reasons

1. Facts of recognition;

A. On March 16, 2015, the Defendant completed the registration of ownership transfer due to the trust in the name of Gyeyang-gu C apartment 21 residential facilities (hereinafter “instant real estate”). On November 25, 2015, the Defendant completed the registration of ownership transfer due to the trust in the name of the Defendant for the same day. On November 25, 2015, the Defendant concluded a security trust agreement designating Korea Trust Co., Ltd. (hereinafter “Korea Trust”) and priority beneficiary as a new Saemaul Depository (hereinafter “instant trust agreement”), and completed the registration of ownership transfer due to the trust with Korea Trust on the same day.

B. According to the instant trust agreement, the instant real estate can be disposed of by agreement with the Defendant and the priority beneficiary, and at this time, Korea trust decided to issue the necessary documents for the direct transfer of ownership to the buyer.

C. On May 13, 2006, the Plaintiffs purchased the instant real estate from the Defendant in the amount of KRW 3 billion (excluding value-added tax of KRW 210 million).

The main contents of the instant sales contract are as follows.

The purchase price: A special agreement on payment by August 12, 2016, which provides for the remainder of KRW 2.6 billion paid by June 28, 2016, which is KRW 2.6 billion (excluding value-added tax 210 million), which is paid by June 28, 2016:

3. The sales contract at issue is a contract under the present condition. The sales contract at issue is a contract under the terms and conditions agreed between the plaintiffs and the defendant, but if the terms and conditions of office are not reasonable, the defendant shall arrange the goods and facilities inside Schlage and sell them in lots until the plaintiffs deposit the balance of this contract.

8. Internal removals of heading 115 and 116 are to be done by the Defendant.

According to the instant sales contract, the Plaintiffs are paying KRW 200 million to the Defendant on the day of the contract, and the intermediate payment on June 28, 2016.