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(영문) 대전지방법원 2015.12.18 2015나102864
계약금반환등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

C around July 3, 2001, each of the real estate listed in the separate sheet (hereinafter “instant real estate”) purchased at the auction procedure and established E (hereinafter “E”) and suspended the new construction of the ELPP. The Defendant purchased the instant real estate through a voluntary auction on August 20, 2012.

Around August 20, 2012, the instant real estate: (a) around August 20, 2012, the maximum debt amount of KRW 572,00,000; and (b) the right to collateral security and the duration of the right to collateral security under the name of the Masung Agricultural Cooperative, the debtor as the defendant, was respectively created by the superficies of the name of the Masung Agricultural Cooperative,

On November 18, 2013, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 700,000,000 for the instant real estate (hereinafter “instant sales contract”) on February 10, 2014, in order to resume the construction of the instant ELPS, which was appointed and interrupted with the E’s representative director, and agreed to pay KRW 630,000,000 for the remainder on the date of the contract, and paid KRW 30,000 on February 21, 2014 to the Defendant on the date of the contract. The Plaintiff paid KRW 30,000,000 out of the down payment to the Defendant on the date of the contract.

Article 5 The seller shall deliver all documents necessary for the ownership (registration) to the buyer when he/she receives the balance, and shall cooperate with the transfer registration.

Article 6. The seller's breach of contract pays a double amount of the down payment, and the buyer gives up the down payment and does not claim the return of the down payment.

Special Agreement:

- The main contents of the instant sales contract relating to the present intellectual condition are as follows.

The Defendant notified the Plaintiff of the cancellation of the instant sales contract on March 7, 2014, March 19, 2014, and November 26, 2014 on the ground that the Plaintiff did not pay the remainder.

[Grounds for recognition] The plaintiff's assertion that there was no dispute, Gap 1, 2, 4, 5 evidence, Eul 1, 2, and 4 evidence (including a serial number, if any, including a serial number; hereinafter the same shall apply), and the ground for a claim as a whole of the pleadings from the financial institution.

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