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(영문) 서울북부지방법원 2016.05.27 2015가단144379
소유권이전등기
Text

1. The Defendant: (a) KRW 25 million to the Plaintiff; and (b) 5% per annum from January 27, 2015 to May 27, 2015.

Reasons

1. Facts of recognition;

A. On December 26, 2011, the Defendant completed the registration of ownership transfer with respect to 10 households for multi-household houses with three floors of G reinforced concrete structure in Gangnam-gu Seoul, Gangnam-gu, Seoul, D, E, and F (hereinafter “instant real estate”).

B. On September 12, 2014, the Plaintiff purchased the instant real estate from the Defendant and entered into a sales contract with the following terms (hereinafter “instant sales contract”) and paid the Defendant the down payment of KRW 20 million on the same day.

Article 1 (Purpose) Sales Price of one billion won 50 billion won

(zg) 20 million won of down payment;

H. The remainder of KRW 1 billion shall be paid on October 12, 2014.

Article 2 (Transfer of Ownership) Any seller shall, at the same time, receive any balance of the purchase price and deliver all documents required for the registration of transfer of ownership, and deliver the said real estate.

When a buyer has delivered money or articles to a seller under the name of a down payment or a security deposit, the seller may repay the intermediate payment (in the absence of an intermediate payment agreement, the intermediate payment) to the seller before he pays the down payment, and the buyer may waive the down payment and rescind this contract, unless there is any other agreement.

Article 7 (Non-performance of Obligations and Compensation for Damages) (1) In cases where a seller or a buyer has any default under this contract, the other party may demand in writing the person who has defaulted and rescind the contract.

(2) Where a contract is rescinded pursuant to paragraph (1), unless otherwise agreed, unless otherwise agreed, the contract deposit shall be confiscated if the buyer has neglected it, and the seller shall agree to compensate for a double of the contract deposit if the seller has neglected it.

Special terms and conditions: (1) Of the four households currently in existence, the seller will express his/her name within one month. (2) The buyer will succeed to KRW 920 million in the loans of the Asia Credit Union and KRW 80 million in the fourth generation, with respect to KRW 1 billion out of the balance of KRW 1.03 billion.

(3) The purchaser shall be two households.

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