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(영문) 창원지방법원밀양지원 2015.05.01 2014가합573
매매대금반환
Text

1. The Defendant’s KRW 15,00,000 and its annual rate from September 6, 2014 to May 1, 2015, and the following.

Reasons

1. Basic facts

A. On January 31, 2013, the Defendant sold real estate listed in the separate list (hereinafter “instant real estate”) in the Defendant’s name to Nonparty C (hereinafter “D”) for KRW 2,500,000,000. However, the contractual purchaser’s name is the name of E, an internal director of D, and the down payment of KRW 1,00,000 on the date of the contract, the remainder amount of KRW 2,40,000,00 was paid each on February 28, 2013. Under a special agreement, the Defendant agreed to pay various taxes to the purchaser prior to the date of the contract, and the transfer tax is to be borne by the seller immediately after the completion of the remainder of the license granted in the real estateF.3. The seller consented to the change of the government’s policy and funds at the time of filing an application for the change of the government’s policy and funds.”

The first sale contract is called ‘the first sale contract'.

B) B. B. D, the party to the actual purchase of the above sales contract, paid the Defendant a sales contract amount of KRW 30,000,000 on February 8, 2013, and KRW 70,000 on March 7, 2013, but failed to pay the balance by the agreed payment date, and thereafter, extended the payment date on April 7, 2013 with the Defendant’s consent, but failed to pay the balance by the said date. The Defendant sent a written notice of termination of contract to E two times on or around March 7, 2013 and April 8, 2013, stating that “if the balance is not paid within seven days from the date on which the notice was served, it would cancel the contract.” [In the absence of dispute as to the grounds for recognition, evidence Nos. 1, 1-1, 2-2, 3-1, 4-2, 4-2, 4-2, and 4-2, each of the pleadings as a whole.

2. The parties' assertion

A. The Defendant, around August 8, 2013, concluded the instant first sales contract with the Plaintiff.

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