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(영문) 수원지방법원 평택지원 2017.01.10 2016가단4162
계약금반환 등
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Determination on the cause of the claim

A. Under the underlying facts, facts do not conflict between the parties, or can be acknowledged by considering the whole purport of the pleadings as a whole in the entries in Gap evidence 2, Gap evidence 4, Gap evidence 6, and Eul evidence 5.

(1) On February 15, 2016, the Plaintiffs concluded two sales contracts on the real estate owned by the Defendants and the Defendants’ mother D (Death on January 25, 2016) as follows:

(However, although the sales contract and the second sales contract are different forms of contracts between the buyer and the subject matter of the sale, they are not significantly affected by the judgment of the case, and therefore, they should be recognized as such.

1. Indication of real estate;

1. Pyeongtaek-si E large area of 648 square meters;

2. 23.19 square meters in a cement ridge structure with 17.15 square meters in a single-story building of 53.37 square meters attached to E wood structure, ice pent roof housing, and 17.15 square meters in a single-story warehouse;

3. F forest land: 1170 square meters;

2.In the sale of the above real estate in Article 2 of the terms of the contract, the buyer shall pay the purchase price as follows:

The outstanding payment of the purchase price of KRW 315,675,00,000 down payment of KRW 30,000 is 285,675,000,000, which was paid on March 25, 2016. The order of Article 3 of the said real estate is March 25, 2016.

Section 6. The seller shall reimburse the amount of the down payment at the time of the termination of the contract, and the buyer shall waive the contract payment and not demand the return of the contract.

(Matters of Special Agreement)

1. The sales contract shall enter into force simultaneously with the deposit of the G deposit account B in the new bank;

2.The seller (B) and C shall be held responsible for the above real estate if the registration of inheritance is complete under the responsibility of the seller (B) and C, and if the registration of inheritance becomes known.

If the inheritance registration is known, the amount of compensation shall be determined by including the down payment, and shall be determined by the KRW 10 million.

If the buyer becomes aware of the remainder payment, the buyer shall waive the down payment.

3. A seller shall cancel his/her loan before the balance is repaid;

Gyeonggi-si H, I Class II sales contract

1. Real estate indication;

1. Before Pyeongtaek-si J.

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