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(영문) 대전지방법원 2017.11.09 2017나5226

매매대금반환

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

On November 21, 2015, the Plaintiff entered into a sales contract with the Defendant to sell the purchase price of KRW 800,000,000 (hereinafter “instant building”) and the third-story detached housing (hereinafter “instant building”) on the land owned by the Defendant, Seosan-si, Seosan-si (hereinafter “instant land”) and the third-story detached housing (hereinafter “instant building”) and entered into a contract containing the following matters.

Article 2 In the sale of the instant land and buildings, the buyer shall pay the purchase price as follows:

The sales amount of KRW 800,000,000 down payment of KRW 300,000,000 shall be paid at the time of the contract and the balance of KRW 500,000,000 shall be paid and received at the time of the contract on December 22, 2015.

Article 5 The seller shall deliver all documents necessary for the registration of ownership transfer to the buyer when he receives any balance, and shall cooperate with the registration of transfer.

Matters of special agreement

1. The purchaser shall consent to take over the current terms and conditions of lease and the current status of real estate;

2. A seller shall transfer his/her balance to a buyer in the actual condition before he/she pays such balance;

3. The seller and the buyer are to sell and purchase the building at the present state of the party to the contract, and the seller shall be two years for the warranty period for A/S of defects in the building at the present state;

(Provided, however, the defect A/S is guaranteed only for the problem of defects in the construction and construction of the defective building, and the defect A/S is not harmed for the defect in use). 4. The seller and the buyer will receive all the deposit and monthly rent until June 30, 2016.

On November 21, 2015, the Defendant remitted KRW 210,000,00 to the Plaintiff as the down payment under the instant sales contract.

On December 22, 2015, the Plaintiff and the Defendant met in the H Judicial Scriveners Office located in Seosan-si G to complete the payment of remainder and the registration of transfer of ownership. The Plaintiff settled in that place that the Plaintiff had already received from the tenants of the instant building in accordance with Paragraph 4 of the instant sales contract, and the Defendant concluded the instant sales contract to the Plaintiff on the same day.