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(영문) 수원지방법원성남지원 2015.11.11 2015가단205146
매매대금반환
Text

1. The defendant shall be the plaintiff.

A. The “sale price” column of the attached sheet is as follows: each money recorded and each of the above money.

Reasons

1. Basic facts

A. On September 14, 2014, the Plaintiff, an agent of the Defendant, purchased land and buildings thereon (hereinafter “instant real estate”) located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, and KRW 263 million. However, the Plaintiff concluded a sales contract to pay KRW 3 million out of the down payment of KRW 35 million on the date of the contract, and the remainder of KRW 32 million on September 15, 2014, by September 19, 2014, the intermediate payment of KRW 30 million until September 19, 2014, and the remainder of KRW 298 million until September 30, 2014 (hereinafter “instant sales contract”).

B. In the instant sales contract, the Plaintiff and the Defendant’s agent C agreed that the contract shall be notified in writing if the parties fail to fulfill their obligations under the said sales contract, and the contract may be rescinded. In this case, the other party may claim damages arising from the rescission of the contract, but the contract deposit shall be determined as compensation for damages, unless otherwise agreed.

C. Meanwhile, as to the instant real estate at the time of the instant sales contract, the second sale date (minimum sale price of KRW 258,858,00) was designated on September 15, 2014.

The Plaintiff paid the down payment of KRW 3 million on September 14, 2014, KRW 32 million on September 15, 2014, KRW 32 million on September 15, 2014, KRW 5 million on September 23, 2014, KRW 2 million on September 30, 2014, KRW 10 million on October 6, 2014, KRW 10 million on October 7, 2014, and KRW 7 million on October 15, 2014, respectively.

E. C, etc.

The creditor who applied for an auction of the instant real estate with the money received as stated in paragraph (1) repaid the debt to the Defendant, and returned the lease deposit of the lessee of the said real estate.

F. On December 29, 2014, the Defendant asserted that he/she did not grant C the right to enter into the instant sales contract, and presented a certificate of content that he/she did not intend to implement the said sales contract.

G. Accordingly, the Plaintiff on January 2015.

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