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(영문) 대구지방법원 2016.09.27 2015가단127022
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

A. The sale company shall entrust all necessary documents to the selling company, and the sale company shall register the ownership of the real estate to the buyer after the transfer of ownership to the selling company.

Article 6 In respect of the above real estate, the selling company shall provide advice and management on the analysis of rights to the real estate sold until the buyer and the buyer are terminated.

Article 7. The purchaser shall confirm the overall conditions and conditions of the above real estate before purchasing the above real estate and then enter into a fixed contract at his/her own will.

After a contract is concluded, an objection may not be raised against the purchase price and all other conditions of the land.

Article 8 Development Plans, etc. for the above real estate may be somewhat modified or delayed according to the state, local governments, policies and circumstances.

Article 9 The above real estate is located in the development plan district or adjacent area, and is to be sold and purchased after the commencement of the development plan.

Matters concerning the registration of a special agreement* The matters concerning the registration of a special agreement shall be entrusted to the Dongjin Construction Co., Ltd.* the consent to the sale in a lump sum at the time of sale* the consent to the sale in installments, and * 2% DC shall apply at the time of payment in part by August 19, 2015 (Provided, That this shall apply at the time of payment in part by August 29, 2015 from the date of the contract to August 29, 2015) - 2% DC amount: 1,914,00 won - The balance amount: 90,786,000 won:

B. The Plaintiff, according to the foregoing sales contract as seen earlier, remitted each of KRW 3 million to the Defendant as the down payment on August 13, 2015, KRW 20 million as the intermediate payment on August 24, 2015, and KRW 70,786,00 as the remainder on September 14, 2015.

C. On September 7, 2015, the instant land: (a) the divisional registration was made on September 7, 2015 (i.e., the KRW 1653 square meters in Pyeongtaek-si and forest land; (ii) KRW 496 square meters in forest land E; and (iii) the ownership transfer registration was made on November 13, 2015 in the Defendant’s name with respect to the land registered by subdivision as above.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence No. 2-1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff.

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