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(영문) 수원지방법원안산지원 2015.07.08 2014가단33109
계약금반환등
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit shall be.

Reasons

Facts of recognition

On December 23, 2011, the Defendant acquired ownership of 413 square meters (hereinafter “instant land”) prior to Masung City through a compulsory auction. On the same day, the Defendant separately set the right to collateral security of 65 million won and superficies with the duration of 30 years for the same day to the Dongcheon Agricultural Cooperatives.

On September 12, 2014, the Plaintiff entered into a sales contract with the Defendant for the instant land (hereinafter “instant sales contract”) and paid 15 million won the down payment to the Defendant on the same day.

[Article 1] The down payment of KRW 15,000,000 shall be paid and received at the time of the contract. The intermediate payment of KRW 125,00,000 shall be paid on October 4, 2014, and the balance of KRW 10,000,000 shall be paid on December 26, 2014.

[Article 2] A seller shall, upon receiving the balance of the purchase price, deliver all documents necessary for the registration of ownership transfer and cooperate in the registration procedure, and deliver real estate on December 26, 2014.

[Article 3] If a seller fails to pay taxes, public charges, or other charges that restrict the exercise of his ownership, he shall remove the defects and burdens of such rights and transfer his full ownership by not later than the date of receipt of the balance.

except as otherwise provided in the agreement.

[Article 5] Before the buyer pays the intermediate payment, the seller shall compensate for the double of the down payment, and the buyer may waive the down payment and rescind this contract.

[Article 6] If the seller or the buyer is in default of the obligations under this Agreement, one of the parties to the contract shall notify the other party who has defaulted of the performance in writing, and if the other party has failed to perform the obligation, the contract may be rescinded.

In such cases, the seller and the buyer may claim damages from the other party respectively, and the standards of Article 5 shall apply unless otherwise agreed on the damages.

-special agreement -

2. The provisions of the Act on the Planning and Utilization of National Land; and

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