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(영문) 의정부지방법원 2015.09.04 2014가합55328
매매대금반환
Text

1. The defendant shall pay to the plaintiff KRW 150,00,000 and KRW 40,000 among them, from February 16, 2007, KRW 70,000,000.

Reasons

1. Facts of recognition;

A. On February 16, 2007, the Plaintiff concluded a sales contract with the Defendant to purchase each of the lands listed in the separate sheet owned by the Defendant (hereinafter “each of the instant lands”) located within the land transaction permission zone under the National Land Planning and Utilization Act from the Defendant, and to purchase each of the lands listed in the separate sheet owned by the Defendant (hereinafter “each of the instant lands”). The down payment of KRW 40 million was concluded on March 6, 2007, with the intermediate payment of KRW 70 million, and the intermediate payment of KRW 140 million was paid on April 25, 2007 (hereinafter “instant sales contract”).

B. Under the instant sales contract, the Plaintiff paid each of the Defendant a down payment of KRW 40 million on February 16, 2007, and the intermediate payment of KRW 70 million on March 6, 2007.

C. On April 25, 2007, the remaining payment date of the instant sales contract, the Plaintiff agreed with the Defendant regarding the instant sales contract (hereinafter “instant agreement”) as follows.

(1) The Plaintiff shall pay the Defendant a balance of KRW 140 million up to June 5, 2007, which is KRW 40 million, and shall pay the remainder of KRW 100 million up to August 31, 2007.

(2) The Plaintiff shall pay to the Defendant interest at the rate of 20% per annum from April 26, 2007 to June 5, 2007 for the remainder of KRW 70 million.

(3) Following September 1, 2010, completing the registration of ownership transfer with respect to each of the instant land under the Plaintiff’s name is completed.

(4) The above balance of KRW 140 million includes KRW 30 million loaned by the Defendant from agricultural cooperatives. Since June 5, 2007, the interest rate for the above loan of KRW 30 million is borne by the Plaintiff.

(5) The transfer income tax shall be borne by the Plaintiff when the Plaintiff sells and purchases each of the instant land before September 1, 2010.

On May 2, 2007, the Plaintiff paid KRW 40 million out of the remainder under the instant sales contract to the Defendant according to the instant agreement.

E. On January 30, 2009, each of the instant lands was cancelled in the land transaction permission zone of the Ministry of Land, Transport and Maritime Affairs C.

F. The Defendant on November 14, 201

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