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(영문) 수원지방법원안산지원 2014.03.06 2012가단43843
매매대금반환
Text

1. The Defendant’s KRW 40,000,000 as well as 5% per annum from September 1, 2009 to January 7, 2013 to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, 3-2, 3-1, 4-1, 7-2, and Eul evidence No. 1-2.

On July 13, 2009, the Plaintiff and the Plaintiff concluded a real estate sales contract with the Defendant to purchase a price of KRW 1652.9 square meters and a price of KRW 134,000,000 (hereinafter “instant contract”) of KRW 20,722 square meters of Gyeonggi-do D Forest in Yangyang-gun and Gyeonggi-do E Forest in KRW 256 square meters, and the main contents are as follows.

The down payment of KRW 11,00,000 shall be paid at the time of contract, and the first intermediate payment of KRW 39,000,000 shall be paid on July 30, 2009, and the second intermediate payment of KRW 30,000,000 shall be paid on August 30, 2009, and the remainder of KRW 54,000,000 shall be paid on September 30, 2009.

The special agreement provides that the seller shall pack cement packages at the access road (4 meters) before the due date for the remainder of the contract.

A seller shall cancel the registration of creation of a mortgage of each class of the aggregate of the maximum debt amounts of 759,000,000 prior to the outstanding payment date.

A seller shall measure and divide the goods before the due date of the balance.

Before the payment date of the balance, the seller purchases a forest E- 256 square meters and combines it.

B. By August 30, 2009, the Plaintiff and C paid the Defendant the sum of KRW 80,000,000 for down payment and intermediate payment under the instant contract.

C. On November 24, 2009, the registration of transfer of ownership in the name C was made on November 24, 2009 with respect to forest E- 256 square meters in Gyeonggi-gu.

The defendant shall transfer the ownership to the plaintiff and C by January 11, 2010, and shall comply with the special agreement stipulated in the contract of this case, around December 2009.

If the contract of this case is not implemented until January 11, 2010, the contract of this case itself becomes void, and the contract of this case is returned to C by the buyer of the down payment and the intermediate payment, and the statutory interest shall be repaid from the contract date to

‘Written confirmation' has been drawn up with the content of the certificate.

E. On January 4, 2011, a forest land of 20,722 square meters was merged into F forest land in Gyeonggi-gu, Gyeonggi-do, and F.m. on May 16, 201.

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