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(영문) 창원지방법원밀양지원 2017.09.13 2016가단1832
매매대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 30, 2015, the Plaintiff entered into a sales contract with the Defendant’s agent for the purchase price of KRW 1263 square meters, KRW 3788 square meters, and KRW 3471 square meters, both of which were owned by the Defendant, for the purchase price of KRW 130 million (hereinafter “the instant real estate”). On the same day, the Plaintiff paid KRW 15 million to C the down payment. The main contents of the first sales contract are as follows.

In the sale of the instant real estate under Article 1 of the Real Estate Sales Contract, the Plaintiff shall pay the purchase price as follows:

The purchase price: 15 million won shall be paid to the defendant at the same time as the contract is paid and received to the defendant: 15 million won shall be paid on June 30, 2015 and the delivery of the above real estate Article 3 shall be made on June 30, 2015.

Article 6 Before the Plaintiff pays the intermediate payment (if there is no intermediate payment agreement, the Defendant shall reimburse a double of the down payment, and the Plaintiff may waive the down payment and rescind each contract.

Special agreement: The expenses incurred in the relocation of a tomb eight days located on the real estate of this case shall be borne by the plaintiff, but the sale and purchase contract for this case becomes null and void unless it is impossible to raise an objection to the funeral eight days or no agreement is reached, and the defendant shall return the down payment to the plaintiff.

B. Until June 30, 2015, the Plaintiff did not agree with its owners on an objection as to eight seedlings on the instant real estate, which are stipulated in the special agreement on the first sale contract until June 30, 2015, as well as expressed its intent to pay the remaining amount to the Defendant.

C. On November 8, 2015, the Defendant entered into a sales contract with G to sell the instant real estate amounting to KRW 115 million (hereinafter “the second sales contract”) and completed the registration of ownership transfer with G on December 3, 2015.

【Ground of recognition】 dispute.

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