(영문) 수원지방법원안산지원 2016.02.05 2014가단112866

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(영문) 수원지방법원안산지원 2016.02.05 2014가단112866

매매대금반환

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1. The Defendant’s KRW 27,00,000 as well as the Plaintiff’s annual rate of 5% from May 30, 2014 to July 27, 2014, and the following.

Reasons

1. Basic facts

A. On May 3, 2014, the Plaintiff’s mother, on behalf of the Plaintiff, entered into a provisional contract with the Defendant as follows with respect to D Forest No. 2,343 square meters (hereinafter “instant real estate”). On the same day, the Plaintiff paid KRW 10,000,000 to the Defendant on the same day.

① The instant real estate is to be sold in KRW 35 million.

(2) A person shall pay 10,000,000 won to the defendant under a provisional contract.

③ On May 7 through 8, 2014, this Agreement shall be entered into and among the two parties, and a provisional contract shall be returned within 10 days at the time that no smooth resolution is reached between them.

Article 1 (Purpose) In regard to the sale of the above real estate, the seller and the buyer shall pay the purchase price by agreement as follows:

Sales proceeds: 270,000,000 down payment: 27,000,000 intermediate payment: 63,000,000 won shall be paid on June 10, 2014.

Any balance: 80,000,000 won shall be paid on June 10, 2014.

(Provided, That a loan shall be replaced by a notarial deed): 100,000,000 won (FFFF) shall be succeeded.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer at the same time as the balance of the purchase price is received, and cooperate with the registration procedure, and the delivery date of the said real estate shall be June 10, 2015

Article 5 (Cancellation of Contract) Before the buyer pays the intermediate payment to the seller, the seller may reimburse the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If the seller or the purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party for the rescission of the contract.

A copy of the contract for the special agreement shall be prepared again.

B. C around May 28, 2014, on behalf of the Plaintiff, the Defendant and the Plaintiff from the Defendant.

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