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Reasons
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(영문) 울산지방법원 2015.01.08 2013가합7895
매매대금반환 등
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1. The Defendant: (a) KRW 210,00,000 for the Plaintiff and 5% per annum from November 13, 2013 to January 8, 2015; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On September 26, 2012, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 730,00,000 from the Defendant (hereinafter “instant sales contract”) to operate a factory on each of the lands listed in the attached Table Nos. 1 through (4) of the attached Table (hereinafter “instant land”), and the Plaintiff entered into a sales contract with the Defendant to purchase KRW 730,00,000 (hereinafter “instant sales contract,” and the relevant real estate sales contract (Evidence No. 3 of the attached Table 3 “instant sales contract”). The main contents are as follows.

A real estate sales contract and a buyer shall enter into a real estate sales contract as follows:

1. Land in this case for sale purpose:

2. Sales price and payment method;

(a) Total purchase price: 730,000,000 won;

(b) Contract deposit: 10,000,000 won (payment on September 27, 2012);

(c) Part payments: 100,000,000 won (Payments 10, 2013);

(d) Balance: 520,000,000 won (payment until June 30, 2013);

(e) A seller shall comply with the procedures for the registration of ownership transfer of the land for sale in the same manner as the buyer's sales price is paid, and if the buyer pays any balance even before the outstanding payment date, the seller shall comply with such procedures at any time.

F. The registration of the establishment of a mortgage on each of the above lands is liable for and cancelled by the seller at the same time as the outstanding payment.

3. Before a buyer of cancellation money pays the intermediate payment to the seller, the seller may reimburse the down payment, and the buyer may waive the down payment and rescind this contract;

On September 26, 2012, the Plaintiff’s agent C buyer on September 26, 2012

B. On September 28, 2012, the Plaintiff paid KRW 110,00,000 as down payment to C, who is the Defendant’s husband, and KRW 100,00,00 as the intermediate payment on April 11, 2013, respectively.

C. On June 10, 2013, C representing the Defendant demanded that D pay additional KRW 20,000 to the same birth of the Plaintiff who represented the Plaintiff.

The Plaintiff’s remainder on June 30, 2013, the remaining payment date, to the Defendant until June 30, 2013.

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