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(영문) 인천지방법원 2017.04.21 2016가합56829
계약금 및 중도금등 반환
Text

1. The Defendant shall pay to the Plaintiff KRW 500,00,000 and the amount of KRW 440,000 among these amounts, from May 12, 2016 to the date of full payment.

Reasons

(b) the facts of the basis;

A. As of October 23, 2015, the Plaintiff concluded a sales contract with the Defendant for the following terms:

(hereinafter “instant sales contract”). 1. Indication of real estate

(a) 539 square meters in lieu of the Incheon Reinforcement-gun;

(b) 122.26 square meters per floor and 110.04 square meters per two floors of the above ground reinforced concrete structure and other second-class neighborhood living facilities with the second-class neighborhood living facilities;

(c) to pay the purchase price for the above real estate of 672m2 square meters prior to Incheon Strengthening-gun D, as follows:

The purchase price of KRW 580,000,000 down payment of KRW 60,000 shall be paid at the time of a contract, and the intermediate payment of KRW 380,000,000 shall be paid on November 20, 2015, and the remaining amount of KRW 140,000,000 shall be paid on January 29, 2016.

1. The name map of the above real estate shall be January 29, 2016.

3. Where a seller receives any balance, he/she shall deliver all the documents required for the registration of transfer of ownership to a purchaser and shall cooperate in the registration of transfer;

4.In the event of the seller’s breach of this contract, the seller shall compensate for the amount of the down payment, and the buyer shall waive the down payment and shall not claim the return thereof.

* Matters of special agreement*

1. The building shall be restored to its original state upon obtaining permission after removing the unauthorized building previously installed, and the registration period for preservation of ownership of the building shall be the period during which the registration of preservation of ownership shall be borne by the seller

2. The balance sheet may be changed due to the restoration to the original state of the building before D.

3. After the receipt of an intermediate payment, a seller shall set C's building at midnight during the morning of November 21, 191.

4. As of November 21, 199, the buyer will take over the collection of goods as they are in C building.

B. On October 23, 2015, the Plaintiff paid KRW 60,000,000 to the Defendant respectively, and the intermediate payment of KRW 380,000,000 on November 20, 2015.

C. On November 21, 2015, the Plaintiff is operating a restaurant in the same building with the delivery of C-ground buildings, and cultivated crops on D’s land.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. As shown below by the plaintiff's assertion, the defendant cancelled the sales contract of this case, and thus, the plaintiff.

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