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(영문) 서울동부지방법원 2021.02.05 2020가단110398
매매잔금 청구의 소
Text

1. As to each of the plaintiffs' KRW 50,000,000 and each of the above money, the defendant shall pay to the plaintiffs the year from February 5, 2018 to April 10, 2020.

Reasons

1. Basic facts

A. On November 23, 2015, the Plaintiffs purchased the Plaintiff’s co-owned land and had a plan to build a new building.

D With the introduction of D, between Pyeongtaek-si F, 312 square meters and G, 40 square meters (hereinafter “instant land”) were entered into a sales contract with a large amount of KRW 680 million (a down payment of KRW 510 million is an intermediate payment of KRW 500 million within 15 days after the completion of design modification, and a balance of KRW 100 million is 10 million within 30 days after completion of construction) to E (hereinafter “instant sales contract”).

B. The plaintiffs and E refer to the special terms and conditions of the sales contract in this case that "the balance of the sales price is about one of the buildings newly constructed on the land of this case by the purchaser in the sales contract in the future."

The buyer provided the seller as security and at the same time provided the buyer with the payment of the balance, and the seller shall return the sales contract provided as security to the buyer.

(c)

After that, March 24, 2016, the Plaintiffs and the Defendant’s agents agreed to accept the instant sales contract, and accordingly, the Defendant made and paid each of the following payments to the Plaintiffs for the payment of the remainder after the Defendant paid the intermediate payment (hereinafter “instant payment”).

The balance of 100 million won shall be paid within 30 days after the completion of a building, and if the above amount is fully paid by the purchaser, the seller shall return it to the purchaser and the sales contract for the building at the same time shall be null and void.

However, if the buyer fails to settle the balance by the above date, the above amount to the buyer at the above time under the contract for sale shall be substituted by the full payment, and the buyer shall transfer the right to registration to the seller.

(d)

D Of the buildings to be constructed on the instant land, the Defendant’s 10th H heading (hereinafter “instant building”) is 100 million won for the Plaintiffs.

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