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(영문) 서울남부지방법원 2020.02.04 2019가합110071
매매대금반환
Text

1. The Defendant’s KRW 195,840,107 and KRW 163,370,498 among the Plaintiff’s KRW 5% per annum from September 8, 2012 to February 4, 2020.

Reasons

1. Basic facts

A. On October 5, 2005, the Plaintiff purchased from the Defendant for KRW 60 million (hereinafter “instant sales contract”) a total of KRW 116.894 square meters of land, such as KRW 1/293.5065 square meters of equity shares of 1/2065 square meters in Yeongdeungpo-gu Seoul Metropolitan Government 1 story E, Yeongdeungpo-gu, Seoul, and KRW 1/23.3929 square meters of equity shares in 1/23.3929 square meters.

The main contents of the instant sales contract are as follows.

Article 1 (Terms and Conditions of Contracts) (1) The Plaintiff concludes a contract with the Defendant to pay the purchase price on the following date.

On October 5, 2005, the previous loan of KRW 60,000,000 in the first intermediate payment of KRW 150,000 on October 5, 2005 is replaced by the first intermediate payment.

Provided, That the purchaser shall bear interest on 1/2 of the loan.

The balance of the second part of the intermediate payment of KRW 40,000,000 on October 31, 2005, which is the remainder of KRW 350,000 on December 31, 2005, may be extended on the date of payment after consultation by the original defendant, if the sale and purchase transaction of GIST is not completed.

(2) Existing loans shall be replaced by the first intermediate payment.

(3) The remaining balance may be extended on the date of payment after consultation between the plaintiff and the defendant, if the sale and purchase transaction at G stores does not result in the purchase and sale transaction at G stores.

Article 3 (Transfer of Ownership) The defendant shall transfer ownership to the plaintiff upon completion of the H main apartment project.

Article 4 (Cancellation of Contracts) (1) When an intermediate payment is not paid within the specified period, ② When the Defendant fails to pay the remainder within the specified period at the time of this contract, the Plaintiff may not demand the return of the down payment where the Plaintiff has paid the down payment by penalty to the Plaintiff at the time of cancellation, and the Plaintiff may not demand the return of the down payment where the Plaintiff has paid the intermediate payment and the remainder.

B. The Plaintiff: (a) from October 5, 2005 to January 5, 2007, the Plaintiff: (b) KRW 141,000,000 for the purchase price [=the first intermediate payment of KRW 60,000 for the contract deposit + the second intermediate payment of KRW 40,000 for the existing loan (the second intermediate payment of KRW 40,000 for the previous loan).

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