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(영문) 인천지방법원 2019.04.03 2018가단239416
계약금 등 반환
Text

1. The Defendant’s KRW 36,00,000 and its annual rate from July 17, 2018 to April 3, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 13, 2018, the Plaintiff entered into a sales contract with the Defendant to purchase the Namdong-gu Incheon Metropolitan City C apartment D (hereinafter “instant apartment”) owned by the Defendant for KRW 360,000,000 in the purchase price.

(hereinafter “instant sales contract”). Of the down payment of KRW 36,00,000 as at the time of the instant sales contract, KRW 20,000,000, the remainder KRW 16,000 on the date of the instant sales contract, and the remainder of KRW 16,00,000 on April 16, 2018, the intermediate payment of KRW 50,000 shall be paid on May 31, 2018, and the intermediate payment of KRW 50,000 may be paid in addition to the balance, depending on the circumstances, and the balance of KRW 274,00,000 was agreed to be paid in June 29, 2018. The main contents of the instant sales contract are as follows.

Article 2 (Transfer, etc. of Ownership) The seller shall, at the same time, deliver all documents necessary for the registration of transfer of ownership to the buyer and cooperate with the registration procedure, and the delivery date of the said real estate shall be June 29, 2018.

Article 3 (Extinguishment of Restricted Real Rights, etc.) If any ground exists to restrict the exercise of ownership, such as mortgage, superficies, right of lease, etc. established on the said real estate or there is any unpaid tax and other charges, the seller shall remove the defects, burdens, etc. and transfer the full ownership to the buyer by no later than the

except in the rights and amounts agreed to succeed.

Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.

In addition, the parties to the contract may claim damages from the other party according to the termination of the contract.

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