logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.09.19 2017가단71477
매매대금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 77,90,000 and the interest rate of KRW 15% per annum from January 4, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On April 15, 2016, the Plaintiff entered into the instant sales contract with the Defendant (a company established for real estate sales business, real estate sales agency, etc.) by setting the Plaintiff as “Buyer” and the Defendant as “seller”; and the Plaintiff entered into the instant sales contract with the Defendant by setting the Plaintiff’s 231 square meters (70 square meters; hereinafter “the instant subject matter of sale”) out of B B prior to Seopopopopo City B prior to subdivision, Seopopo City B (hereinafter “B prior to subdivision”) as KRW 67,90,000 for the purchase price.

According to the instant sales contract, ① the buyer pays the down payment of KRW 10,000,00 at the time of entering into a contract, and the intermediate payment of KRW 25,00,000 until June 14, 2016, and the remainder of KRW 32,90,000 shall be paid until June 22, 2016, and ② the seller takes the procedure for the registration of ownership transfer of the subject matter of the instant sales at the same time as the remainder payment is received, ② the seller takes the procedure for the registration of ownership transfer of the subject matter of the instant sales at the same time, orders and delivers the subject matter of the instant sales at the same time (Article 1), ③ the seller takes the indemnity to the buyer for the amount double the contract amount with the penalty, and the right to claim the return shall be lost by deeming the down payment as the penalty if the buyer

B. From May 12, 2016 to June 22, 2016, the Plaintiff paid to the Defendant the purchase price of KRW 67,90,000 as stipulated in the instant sales contract.

C. On November 8, 2016, the land B before subdivision was merged with 1791 square meters prior to Seopo-si, Seopo-si (hereinafter “Cri-si”) and the area was 5656 square meters. On December 6, 2016, E or F was divided into “E” as it included E or F, respectively.

On December 12, 2017, the Plaintiff paid all the purchase price stipulated in the instant sales contract to the Defendant, and delivered documents necessary for the transfer of registration, such as a letter of delegation of registration and a certified copy and abstract of resident registration, to the Plaintiff’s attorney-at-law office. As such, the subject matter of the instant sales by December 19, 2017.

arrow