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(영문) 창원지방법원통영지원 2019.08.14 2017가단4002
매매대금 등 반환
Text

1. The Defendant’s KRW 102,00,000 as well as 15% per annum from August 18, 2017 to May 31, 2019 to the Plaintiff.

Reasons

Basic Facts

On March 2, 2015, the Plaintiff entered into a sales contract with the Defendant on the following terms (hereinafter referred to as “instant sales contract”) with respect to the area of 897 square meters and D 372 square meters, which is owned by the Defendant, prior to C, and transferred the down payment to the Defendant on the same day.

Article 1: 340 million won of down payment of KRW 70 million shall be paid on March 2, 2015.

The intermediate payment of KRW 210 million shall be paid on July 6, 2015.

Any balance of KRW 100 million shall be paid on May 30, 2017.

(The remaining date of payment shall be determined by the seller of Article 2 to receive the down payment of the purchase price from the buyer and to restrict the exercise of ownership, such as the provisional seizure, seizure, and request for auction, which has been made at the same time, or the unpaid amount of taxes, public charges, and other charges, including the right to collateral security, by the prior day of the payment of the balance.

Article 5 The seller shall not cancel the sales contract in any case after the receipt of the down payment, and the seller shall actively cooperate with the buyer when the purchaser requests for all details of housing projects, such as the consent to use land, etc.

(1) If the balance is not paid by the due date, this contract shall be null and void, and the down payment shall belong to the seller.

(2) The seller shall cancel restrictions, such as the establishment of a mortgage on land sold and purchased simultaneously with the payment of intermediate payments, and at the same time make a provisional registration.

On July 6, 2015, the Plaintiff entered into an agreement with the Defendant with the following terms and conditions. On July 7, 2015, the Plaintiff remitted the intermediate payment of KRW 12 million to the Defendant.

At the request of a purchaser of part payments, bank loans (112 million won) shall not be paid in full, and the buyer shall pay interest to the seller, and the remainder (12 billion won) shall be paid to the seller.

From July 6, 2015, the buyer has paid 12-month interest on bank loans to the seller in full on July 6, 2015.

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