(영문) 광주지방법원 2019.11.07 2019가합53209

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(영문) 광주지방법원 2019.11.07 2019가합53209

매매대금

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1. The Defendant’s KRW 405,00,000 and its amount shall be 5% per annum from August 31, 2019 to November 7, 2019 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. On November 6, 2018, the Plaintiff and the Defendant, the North-gu Seoul metropolitan area, and its ground buildings [the ground buildings consisting of the first floor, the first floor, the second floor, and the affiliated buildings]. The first floor and the second floor were leased by E.

In total, “the instant real estate” and “the instant building” are collectively referred to as “the instant site” and “the instant building” and “the instant building,” respectively.

[] A contract was concluded to sell KRW 450 million to Eul (hereinafter “instant contract”) (hereinafter “instant contract”).

The main contents of the instant contract are as follows. The payment of the down payment shall be made and received at the time of the contract. The intermediate payment shall be made on November 30, 2018. The remainder payment shall be made on March 30, 2019. The seller shall pay the remainder on March 30, 2019. The seller shall remove the defects and burdens of his rights, if there is any ground to restrict the exercise of ownership, such as a mortgage, superficies, lease, etc. established on the said real estate, or if there is any default of taxes, public charges and other charges, etc., the seller shall transfer its full ownership by removing the defects and burdens of the rights until the remainder payment is made to the seller. Article 5 (Cancellation of Contracts) (where there is no advance payment, before the remainder payment is made, the seller shall reimburse the down payment, and the buyer may waive the said contract with the waiver of the down payment.

Matters of special agreement

1. The Plaintiff shall cooperate with the Defendant at the same time with all documents necessary for the transfer.

A seller shall transfer to a buyer in the current building at the time of concluding a contract.

2. The balance shall be paid immediately if a building becomes an order even if it is within the remainder date;

3. The Plaintiff is liable and ordered by March 30, 2019.

(2) The Defendant paid the Plaintiff the down payment of KRW 45 million according to the instant sales contract on the same day. (3)

유사 판례

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-청주지방법원충주지원 2015.09.10 2015가단2129

-울산지방법원 2017.09.20 2016가합24723

-부산지방법원 2019.07.10 2018가합44100

-서울서부지방법원 2018.08.30 2017가단242563