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(영문) 의정부지방법원 2014.06.11 2012가합13061
계약금 등 반환
Text

1. On November 23, 201, the Plaintiff (Counterclaim Defendant) purchased and sold the land indicated in the separate sheet from the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On November 23, 2011, the Plaintiff entered into a sales contract with the Defendant for the purchase of the land listed in the separate sheet (the shares of the Defendant among the relevant parcels) at KRW 427,00,000, with the terms of the purchase price of KRW 427,00,000, and determined the following matters (hereinafter “instant sales contract”).

d down payment of KRW 42,00,000 shall be paid at the time of the contract and the intermediate payment of KRW 100,000,000 shall be paid on January 4, 2012, and any balance of KRW 285,00,000 shall be paid on May 31, 2012;

Matters of special agreement

1. The whole of obstacles installed and cultivated in real estate for sale and purchase shall be removed and delivered at the seller's responsibility, and any balance remaining after both parties confirm shall be paid within ten days;

(2) On November 23, 201, the date of the instant sales contract, the Plaintiff paid the Defendant the intermediate payment of KRW 140,000,000 on January 4, 201, which is the date of the instant sales contract, but did not pay the remainder of KRW 285,00,000. However, the Plaintiff did not pay the Defendant any balance of KRW 285,000. (2) The Plaintiff notified the Defendant of the completion of the preparation to pay the remainder at any time on May 29, 2012, including the land and shares of other co-owners listed in the separate sheet owned by the Defendant and the total land (hereinafter “instant land”).

On July 2, 2012, a content-certified mail was sent to demand the removal of an obstacle on the ground, and on July 15, 2012, a content-certified mail sent to the effect that the contract will be cancelled unless the ownership of the Defendant is specified, by either removing the obstacle or by registering the division of the land indicated in the attached list.

C. Three debentures, such as plastic houses, exist in part of the entire land in the annexed list No. 1 as of the date of closing argument of this case, and in the entire land in the annexed list No. 2, 11 plastic houses exist, and in the entire land in the annexed list No. 3, the entire land in the annexed list No. 2, the above annexed list No. 2.

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