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(영문) 대전지방법원서산지원 2019.11.28 2019가합50900
매매대금반환
Text

1. As to KRW 220,00,000 and KRW 50,000 among them, the Defendant shall pay to the Plaintiff KRW 220,000,00 from May 13, 2019, and KRW 170,00,00.

Reasons

1. Basic facts

A. On May 13, 2019, the Plaintiff appears to have entered the size of D land into the instant sales contract, taking into account that the Plaintiff’s total area of the land in Seosan-si, Seosan-si, 170 square meters and D 13 square meters and D 13 square meters from the Defendant is 63 square meters or the Defendant’s share in the said land is 13/63 square meters or 13/63.

(2) The Plaintiff concluded a sales contract to pay the remainder of KRW 170,000 on the date of the contract and the remainder of KRW 170,00,000 on May 28, 2019 (hereinafter “instant sales contract”) with each of the above lands at KRW 220,00,000 (hereinafter “instant real estate”).

The main terms and conditions of the instant sales contract are as follows.

[Matters of Special Agreement]

1.The present contract is a sales contract under the present facility, the certificate of registered matters shall be confirmed, and the contract shall be entered into; 4. The terms and conditions of the laws concerned and the terms and conditions of all authorizations and permissions and contracts for profits shall be the buyer.

5. Even if this case is traded on the basis of the size on the register and there is a difference between the actual size in the future, the buyer and the seller will not raise any objection.

6. An increase or decrease or reduction of the contract area may occur as a result of the survey, etc. of the current status, and the buyer shall not raise any objection thereto;

7.The current status survey of this land shall be conducted for the buyer to bear the costs.

8.If necessary to change the purpose of use in a present house, the buyer shall be responsible for and take over all matters.

9. Where it is impossible for the buyer to settle the grounds for restrictions on rights after concluding a contract by the date on which the remaining payment is made.

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