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(영문) 청주지방법원제천지원 2016.01.13 2015가단1914
매매대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On August 23, 2013, the Plaintiff sold to the Defendant the entire land (total seven parcels, total area of 27,048 square meters, hereinafter “instant land”) including Seocheon-si, and buildings, trees, etc. on the ground thereof (hereinafter “instant sales contract”), and the main contents of the sales contract are as follows.

2. Sale amount: The amount paid by the purchaser in order to extinguish the obligations to the mortgagee of the right to collateral security and the person holding the provisional seizure indicated on or before July 10, 2013, the date corresponding to or before July 10, 2013, of the above eight parcels of land: (The buyer shall pay directly to the creditor).

3. The transfer date of ownership of the above real estate shall be the date when the purchaser fully terminates the above obligation.

The seller shall deliver all the documents required for the registration of ownership transfer on the date of ownership transfer to the purchaser and cooperate in registration procedures.

4.In order for a seller to perform this contract, the seller shall make a pre-sale registration to the buyer;

(Prepaid Deposit shall be KRW 150,000,000)

5. For the purpose of enabling the buyer to perform this contract, the time when the buyer first terminates the seller's obligation on the part of the seller.

(3) If the buyer terminates the contract after the repayment of the obligation, the amount of the obligation shall not be refunded.

B. On July 23, 2014, the Plaintiff completed the registration of ownership transfer with respect to the instant land to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The purchase money of this case is paid by the Defendant to the Plaintiff’s creditor in order to cancel provisional attachment and collateral security on the land of this case (hereinafter “the debt acquisition money of this case”).

In addition, the deposit amount of KRW 150,000,00 as stated in paragraph (4) of the instant sales contract is also included in the purchase price to be paid by the Defendant to the Plaintiff.

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