logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.09.06 2017가합539894
계약금반환 등
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 December 8, 2016, the Plaintiff entered into a sales contract with the Defendant on December 8, 2016 (hereinafter “instant real estate”). The Plaintiff is a building with Canpo-si C large 735.2 square meters, D large 817.5 square meters, E large 330.6 square meters, and its ground F hotel building (hereinafter “instant real estate”).

(2) The sales contract to purchase all of the accommodation and 7,850,000,000 won (excluding value-added tax) (hereinafter “instant sales contract”).

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

Article 2. Sales proceeds and schedule for the payment thereof. (1) The sales proceeds for objects of sale shall be KRW 7,850,000 (excluding value-added tax) daily, and the payment schedule shall be as follows:

The remainder of the down payment of KRW 700,000,000 on December 8, 2016, as of the date of payment, KRW 7,150,00,000 for the remainder of KRW 7,850,000 for the purchase price on March 15, 2017 (in the remainder of the contract deposit), the purchase price for the land among the objects of sale is KRW 4,065,70,000 for the purchase price for the entire buildings and accommodation, and KRW 3,784,30,00 for the purchase price for the entire buildings and accommodation.

③ The buyer shall deposit the down payment of KRW 700,000,000 to H (B) of the G Bank by December 8, 2016, and if the said down payment is not paid by the said deadline, this contract shall automatically become effective.

A seller, such as the transfer of ownership, shall receive the purchase price under Article 2 from a buyer, at the same time, deliver all documents necessary for the registration of transfer of ownership to a buyer, and cooperate in the procedure

Unless special circumstances exist, a seller shall deliver (including the transfer by indirect possession) the subject matter of the transaction to a purchaser on the date of balance payment.

Article 4 The seller who has become extinct shall remove various limited real rights and seizure, provisional seizure, provisional disposition, etc. which restrict the exercise of ownership, such as the right to collateral security, superficies, etc. established on the subject matter of sale until the payment date of the balance and make the ownership transfer lawful.

arrow