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(영문) 울산지방법원 2020.01.15 2019가합13083
매매대금반환 및 손해배상
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On July 26, 2017, the Plaintiff entered into a sales contract with the Defendants for a total of KRW 2686,5749,00,00,000, in total, with respect to the Defendants’ co-ownership of the amount of KRW 569,100,000 (hereinafter “instant sales contract”). On the same day, the Plaintiff paid the Defendants KRW 83,70,000 for intermediate payment, KRW 83,70,00 for intermediate payment, KRW 150,000 for intermediate payment, and KRW 290,60,000 for intermediate payment on November 23, 2017. The main contents of the instant sales contract are as follows.

The remainder of KRW 56,900,000 for down payment of KRW 56,90,000 for a real estate sales contract shall be paid on October 26, 2017.

Article 2 (Transfer, etc. of Ownership) A seller shall deliver all documents necessary for the registration of ownership transfer to a buyer at the same time as the balance of the purchase price is received, and shall cooperate with the registration procedure, and the date of delivery of the said real estate shall be October 26, 2017.

Article 3 [Extinction of Restricted Real Rights, etc.] If there are grounds for restricting the exercise of ownership, such as mortgages, superficies, leases, etc. established on the said real property or there is any unpaid taxes, public charges and other charges, the seller shall remove the defects and burdens of the said rights and transfer full ownership to the buyer by

except in cases of rights and amounts agreed to succeed.

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of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.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

1.The present contract shall be a sales contract under the present facility and shall verify the certificate of registered matters and enter into the contract.

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