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(영문) 서울중앙지방법원 2017.06.07 2016가단5220702
매매대금반환
Text

1. As to the Plaintiff’s KRW 200,000,000 and KRW 25,000 among them, the Defendant shall have 10% per annum from July 8, 2016 to June 7, 2017.

Reasons

1. Facts of recognition;

A. On June 28, 2016, the Plaintiff purchased 1742.75 square meters (hereinafter “instant real estate”), part of the Plaintiff’s farmland D 2,921 square meters (hereinafter “the instant entire real estate”) on behalf of the Defendant (hereinafter “instant real estate”). The Plaintiff concluded a sales contract to pay the remainder of KRW 175 million (hereinafter “instant contract”) within seven days after the cadastral subdivision, excluding the said down payment and the intermediate payment, which is part of the entire real estate (hereinafter “instant real estate”). In the event of a contract, the intermediate payment of KRW 25 million shall be KRW 175 million until July 15, 2016; in the event of the remainder, an amount calculated at KRW 500,000 per square year on the basis of the actual transaction volume after surveying and dividing the instant real estate, as the total purchase price; and from the total sale price, the remainder of the said down payment and the intermediate payment shall be paid within seven days after the cadastral subdivision (hereinafter “instant contract”).

B. Within 10 days from the receipt of intermediate payment by the Plaintiff, the Defendant cancelled the right to collateral security (mortgage E) established on the entire real estate of this case as part payments (Article 3), and where the above lot number is not divided and the right to collateral security (mortgage E) established on the entire real estate of this case is not cancelled, the instant contract shall be null and void, but where the Plaintiff consents, the period may be extended, and where the contract becomes null and void, the Defendant shall return the down payment received by the Plaintiff and pay it by adding 10% interest thereto.

(Article 10) include the contents.

C. The Plaintiff paid the Defendant the down payment of KRW 25 million on the date of the instant contract, and KRW 175 million on July 8, 2016, respectively, but the Defendant did not cancel the right to collateral security (mortgage E) established on the instant real estate within 10 days even after receiving the intermediate payment as stipulated in Article 3 of the instant contract, as well as cancelling the right to collateral security established on the instant real estate.

On August 19, 2016, the Plaintiff requested the Defendant to cancel the right to collateral security established on the instant real estate by August 26, 2016 under the instant contract.

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