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(영문) 대전지방법원 천안지원 2018.06.15 2017가합103101
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In light of the above legal principles, the lower court determined that: (a) the sales contract of this case was to be concluded on April 10, 2017; and (b) the sales contract of this case was to be concluded on April 10, 2017; and (c) the sales contract of this case was to be concluded at KRW 300,000,000 (= Defendant B 293,000,000,000) as the sales contract of this case; and (d) the sales contract of this case was to be concluded at KRW C3,00,000,000 (= Defendant C3,00,000,000) as the sales contract of this case.

[2] The main contents of the instant modified contract are as follows.

Article 1 of the Agreement on Extension of Balance and Permission and the Date of Payment of Balance

1. The remainder date under the existing sales contract is agreed on November 30, 2016, but the agreement between “A” and “B” is agreed to be postponed by April 10, 2017.

Compensation under Article 2 (1).

1. Price adjustment: The balance is agreed to be 300 million won; and

2. The transfer tax on three hundred million won shall be borne by “B”.

* Part II of the attached real estate sales contract: The Defendants B: Terms and Conditions of the Plaintiff

1. The seller shall present his/her written consent to land use to the buyer, and all expenses incidental to the permission to convert shall be borne by the buyer;

Until April 10, 2017, the buyer shall bear all the expenses incurred in restoring the original state and following them when it is impossible to obtain the authorization or permission by April 10, 2017, and the down payment shall be deemed the penalty following termination of the contract.

2. Consent to land use shall be permitted only to change the form and quality;

3. The repayment of the remainder by April 10, 2017 after obtaining land authorization or permission shall be made at the same time as the repayment of relocation registration.

A seller cancels the right to collateral security at the same time as the balance.

When the buyer lends any balance from the bank with respect to the remaining daily installments, the seller shall be the cooperative key.

On April 5, 2017, the Plaintiff requested supplementation of the Plaintiff’s written consent to land use, based on the written consent to land use provided by the Defendants, received authorization and permission on each of the instant real estate. On April 6, 2017, the Defendants were given the consent.

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