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(영문) 수원지방법원 2015.05.08 2014가합8038
계약금 등 반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

2.Article 1 of the Terms and Conditions of the Contract, the buyer will pay the sales amount as follows:

The purchase price of KRW 300,000,000 for down payment of KRW 30,000 shall be paid at the time of a contract, and the seller shall receive the intermediate payment of KRW 70,00,000. The seller shall pay the intermediate payment of KRW 70,000 on October 14, 2013.

Any balance of 200,000,000 won shall be paid on April 30, 2014.

Article 4 The seller shall deliver all documents necessary for the ownership (registration) to the buyer when he/she receives the balance, and shall cooperate with the seller in the registration of transfer.

Matters of special agreement

3.Before the completion of the transfer registration of ownership, the buyer may terminate the contract, and the seller shall return the amount paid to the buyer (including contract money and intermediate payment) and shall be the compensation cycle for damages.

On October 14, 2013, the Plaintiff entered into a sales contract with Defendant C, who represented by Defendant B, to purchase KRW 3,306/22,601 shares of KRW 300,00 in sales price (hereinafter “instant sales contract”) among the 22,601 square meters of the instant land owned by Defendant B (hereinafter “instant land”). On December 17, 2013, the Plaintiff entered into a sales contract with Defendant C to purchase KRW 300,00,000 in sales price (hereinafter “instant sales contract”). The main contents are as follows.

B. The Plaintiff remitted the sum of KRW 100,000,000 and the intermediate payment of KRW 70,000,000 to Defendant B’s account.

C. On April 30, 2014, Defendant C drafted and delivered to the Plaintiff a letter of performance that the time limit for performing the contract would be changed to May 7, 2014.

Meanwhile, on May 14, 2014, Defendant B sent to the Plaintiff a certificate of content that the instant sales contract will be rescinded without any specific notification if the Plaintiff fails to pay the remainder by May 30, 2014, solely on the ground that the Plaintiff failed to perform his/her obligation to pay the remainder. On the other hand, the Plaintiff issued documents necessary for the registration of transfer of ownership on May 7, 2014 in the telephone call with Defendant B, ASEAN.

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