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(영문) 인천지방법원부천지원 2014.07.30 2014가단2312
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 9, 2011, the Plaintiff, an agent of the Defendant, intended to purchase land of 6,284m2, and seven parcels of land (hereinafter “instant land”) in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon (hereinafter “instant land”) owned by the Defendant, and drafted a memorandum of understanding (hereinafter “instant contract”), and the main contents thereof are as follows.

[Written Understanding of Real Estate Sale]

1.In principle, within 20 days after the conclusion of a MOU, the buyer shall enter into a regular sale and purchase contract for the above real property and shall complete the balance payment within six months.

2. The seller shall actively cooperate in the documents necessary for the buyer to establish a medical corporation by understanding the purchaser's purchase of real estate with the intention of establishing the medical corporation, and by preparing and providing the purchaser with an application for real estate donation to the newly established medical corporation;

3. The payment of the purchase-price shall be made at the same time as this MU is entered into, and at the same time, in the event of a fixed contract, the sum of the down payment shall be KRW 30 million, and the remainder shall be paid immediately after the completion of registration of the medical corporation and the period shall not exceed the sum of the loans after the completion of registration

7. The seller must complete the reimbursement of all obligations (provisional seizure, collateral security, etc.) shown in the current certified copy of the register at the same time as the transfer of registration to a new medical person of real estate.

9. If the above real estate sales contract is not concluded without any obvious fault of both the seller and the buyer, the seller shall promptly refund the down payment that the buyer has paid.

10.The selling amount shall waive the contract amount within 12.20 days in total,000,000 won.

B. The Plaintiff paid KRW 50 million out of the down payment to C on the same day, but agreed to postpone the conclusion of a formal contract by August 29, 201, which was agreed to conclude a formal contract, as it was impossible to prepare the down payment by August 29, 201.

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