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(영문) 춘천지방법원원주지원 2016.12.22 2016가단33492
매매대금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 as well as KRW 25,00,000 among them, from October 31, 2015 to the day of full payment.

Reasons

1. Basic facts

A. On October 30, 2015, the Plaintiff and the Defendant entered into a real estate sales contract (hereinafter “instant sales contract”) that purchases 330 square meters of 2260 square meters of 2260 square meters, from the Defendant, from the Defendant, in the office of a certified judicial scrivener located in the Republic of Korea, the following content was as follows.

In the case of real estate subject to sale: The remainder of KRW 25,000,000 (payment on October 30, 2015): the special agreement on the settlement amount of KRW 225,000,000 (payment on October 30, 2015) (payment on February 28, 2016), among the sales amount of KRW 330,000,000,000, which is 25,000: (1) The land under the contract falls under the category of 330,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000

(2) Where a purchaser of the land under the above contract intends to perform a construction act before completion of civil engineering works, the seller shall cooperate with the building agreement at the same time as he/she receives a balance of sale.

Provided, That the construction work may be commenced before the seller and the purchaser agree with each other.

(3) A seller shall install infrastructure, such as urban gas, communications, electricity, water supply and sewerage until the boundary line of the relevant land.

(5) Provisional registration, seizure and provisional seizure on the register shall be cancelled by a seller before any balance is paid simultaneously with or before the payment thereof.

B. On October 30, 2015, the day of the instant sales contract, the Plaintiff paid KRW 25,000,000 as down payment.

[Ground of recognition] Unsatisfy, Gap evidence 1 and 3

2. The assertion and judgment

A. On February 29, 2016, the remainder payment date stipulated in the instant sales contract, which is the remainder payment date under the instant sales contract, the Plaintiff’s assertion 1 of the parties to the instant contract was February 28, 2016.

However, on February 28, 2016, the plaintiff was Sundays, and there is no dispute between the parties as to the fact that the plaintiff became the payment date of the balance on February 29, 2016, the next day of the relationship on Sundays.

The defendant tried to prepare the balance 225,000,000 won with a cashier's check and provide it to the defendant.

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