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(영문) 의정부지방법원 2016.06.30 2015가단122655
매매계약금반한
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On October 19, 2015, the Plaintiff concluded a sales contract with the Defendant on October 19, 2015, Nos. 501 and 502 of the D Building located outside C and one parcel (hereinafter “instant commercial building”).

) Purchasing KRW 520,000,000 (hereinafter the above sales contract is referred to as “instant contract”).

(2) The Plaintiff agreed to pay 50,000,000 won to the Defendant the remainder on November 10, 2015, when concluding a contract between the Defendant and the Defendant respectively. Accordingly, the Plaintiff paid 50,000,000 won to the Defendant as the down payment. Article 4 of the same Act applies to the profits accrued from the said real estate and the charges, such as tax and public charges, based on the date of delivery of the real estate, and the subsequent payment belongs to the seller, and the buyer, respectively. Article 6 / [Cancellation of the contract] If the buyer delivers money or goods to the seller under the name of the down payment or deposit at the time of the contract, the seller pays the down payment, and the buyer waives the down payment and the buyer is entitled to cancel this contract unless otherwise agreed.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Matters of special agreement

2. The balance of various public charges shall be settled by the seller;

5. The current tenants shall succeed to.

(No. 30,000 won value added tax). The remainder agreement entered in the contract shall be omitted.

2. In addition, the Plaintiff agreed with the Defendant on the following terms at the time of entering into the instant contract.

B. On the instant commercial building

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