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(영문) 서울동부지방법원 2019.05.16 2018가합111333
소유권이전등기
Text

1. At the same time, the defendant receives KRW 1,620,000 from the plaintiffs, and at the same time, enter each of the plaintiffs in the separate list.

Reasons

1. Basic facts / [Purpose] The seller and the buyer, by agreement, shall pay the purchase price as follows with respect to the sale of the above real estate:

The purchase price: 1.80 million won intermediate payment: 1.32 million won: The remainder of KRW 3.25 million: Article 5 [Cancellation of a contract] The seller shall reimburse the seller of the intermediate payment (if there is no intermediate payment, any balance) before the buyer pays the intermediate payment (if there is no intermediate payment), and the buyer may waive the down payment and cancel this contract.

[Matters of Special Agreement]

4. This building will be destroyed and newly built, and the cost of surrendering tenants shall be borne by the purchaser, and the total cost shall be borne by the seller, while the cost of surrendering to twenty million won shall be borne by the seller.

5. The remainder date shall, under mutual agreement, be extended by March 31, 2018, subject to the duration of life expectancy.

On November 22, 2017, the Plaintiffs and the Defendant concluded a sales contract to purchase real estate listed in the attached list owned by the Defendant for KRW 1.8 billion (hereinafter “instant sales contract”), and the Plaintiffs paid KRW 1.3 million on the date of the contract deposit.

The provisions of the above sales contract relating to the instant case are as follows.

B. On November 25, 2017, the Plaintiffs and the Defendant drafted a written confirmation as follows.

(Omission) The location of a written confirmation: (Omission) The sales price at the 1.8 billion won shall be confirmed as the sales price at the above location and shall be settled without intermediate payment as separate special terms and conditions, and the name transfer time of No. 4 shall be borne by the seller, and the name transfer time of No. 5 shall be until the end of September 2018, but shall be reimbursed in accordance with the Real Estate Contracts Act, if the name transfer becomes known.

C. On April 12, 2018, the Plaintiffs paid KRW 320,000 to the Defendant, but the Defendant returned the said money to the Plaintiffs.

The Plaintiffs transferred KRW 100 million to the Defendant’s account on September 6, 2018, but the Defendant concluded the instant sales contract.

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