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(영문) 수원지방법원안양지원 2016.09.29 2015가단110124
계약금반환 등 청구
Text

1. Defendant C: (a) KRW 3,600,000 to the Plaintiff (Counterclaim Defendant) and 5% per annum from November 14, 2014 to September 29, 2016.

Reasons

On October 14, 2014, Defendant B agreed with the Plaintiff and D (hereinafter “the Plaintiff, etc.”) to sell the land and buildings listed in the annexed real estate list (hereinafter “the instant building”) as follows:

The sales contract of this case is not more than 'the sales contract of this case'. However, the sales contract was prepared as KRW 4.2 billion for the buyer, KRW 2.2 billion for the first intermediate payment, KRW 520 million for the first intermediate payment.

The purchase price of KRW 1.80 million is KRW 125 million in the first intermediate payment of KRW 1.25 million: by October 30, 2014, KRW 915 million in the second intermediate payment of KRW 1.5 million in the purchase price: The Defendant C, etc., who, in lieu of the acquisition of the obligation to refund the lease deposit of the instant building on October 30, 2014, paid the remainder of KRW 7.50 million in lieu of the acquisition of the obligation to repay the lease deposit of the instant building: (a) excluded the repayment of the secured debt of the right to collateral security and the expenses for cancellation of the right to collateral security, which was established on the instant real estate, and subsequently,

Brokerage fees shall be set as KRW 19.8 million, and shall be paid simultaneously with the conclusion of the contract, and the sales contract shall be null and void, cancelled, or terminated without the intention or negligence of Defendant C.

The Plaintiff paid the down payment of KRW 10 million to Defendant B on the day of the contract.

At the same time, the defendant delivered the second floor of the building of this case to the plaintiff, so that the plaintiff can carry out remodeling works.

Plaintiff

On November 10, 2014, Defendant B revised the terms of the sales contract as follows.

As part of an intermediate payment, the Plaintiff et al. paid KRW 65 million by November 13, 2014, and in the event of a violation, the Plaintiff et al. immediately cancel the sales contract without any separate notice, and if the sales contract is terminated as above, the Plaintiff et al. shall not return the money it received, and the Plaintiff et al. shall not make a claim for the return of the expenses already incurred, and the Plaintiff et al. shall not be liable to the Plaintiff et al. for all liabilities, such as expenses incurred in the construction, and the Defendant et al. shall not be asked to the Defendant B and F on April 27, 2015.

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