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(영문) 수원지방법원 안산지원 2018.11.09 2017가단17665

매매대금

Text

1. The defendant shall pay 113,500,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

Basic Facts

A. On August 12, 2015, the Plaintiff completed the registration of ownership transfer with respect to C, 359 square meters, D road 458 square meters, 30/4329 square meters, and E road 355 square meters (hereinafter “instant land”).

(The original land category of the instant land was forest land, and the land category was changed to the present land category on July 11, 2017). On the same day, the Plaintiff completed the registration of creation of a mortgage over KRW 585 million with respect to the instant land, etc. to the FF Association on the same day.

(hereinafter “instant collateral security”). B.

On March 7, 2017, the Plaintiff entered into a sales contract with the Defendant to sell the instant land and the second floor detached housing (hereinafter “instant building”) for KRW 270 million (hereinafter “instant sales contract”). The main contents are as follows.

Of Article 1 (Purpose), KRW 40 million, the intermediate payment of KRW 95 million paid at the time of the contract and the intermediate payment of KRW 135 million,00,000,000,000,000,000, which was paid in March 31, 2017, may be notified in writing to the person who has failed to perform the obligations under this contract if the seller or the purchaser fails to perform the obligations under this contract after the registration for the preservation of the building of this case.

In addition, the parties to the contract may claim damages for the cancellation of the contract respectively to the other party, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed.

The right to collateral security of this case, which is subject to special agreement, will be cancelled simultaneously with the remainder after the preservation registration of the building of this case.

As of the date of the contract, the building in this case as of the date of completion shall prepare a new sales contract and a description verifying the object of brokerage after registration for preservation (after completion) and pay the balance.

C. The Defendant: (a) KRW 40 million for the down payment of the instant sales contract on March 7, 2017; (b) KRW 95 million on March 31, 2017; and (c) KRW 20 million on May 15, 2017.