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(영문) 수원지방법원성남지원 2016.02.18 2014가합3463
부당이득금반환 및 손해배상 등
Text

1. The Defendant’s KRW 79,345,90 for the Plaintiff and KRW 5% per annum from December 11, 2015 to February 18, 2016, respectively, shall be the Plaintiff.

Reasons

1. Basic facts

A. On July 19, 2010, the Plaintiff entered into a sales contract to purchase the instant real estate (hereinafter “instant sales contract”) with the Defendant who had operated the instant childcare center (hereinafter “instant childcare center”) on the land and its ground (hereinafter “instant real estate”). The key contents are as follows.

Article 1 (Purpose) With respect to the sale of the above real estate, the seller and the buyer shall pay the purchase price by agreement as follows:

The purchase price of KRW 2,600,000 (the down payment of KRW 30,000,000) shall be paid at the time of the contract and received at the time of the contract, and the buyer shall repay the loan of KRW 1,500,000 (the point of Suwon East-gu).

The intermediate payment of KRW 20,000,000 shall be paid in August 15, 201 and the balance of KRW 1,050,000 shall be paid in March 31, 201.

Article 2 (Transfer, etc. of Ownership) A seller shall deliver all documents necessary for the registration of ownership transfer to a buyer simultaneously with the receipt of a payment of the intermediate payment and repayment of a loan, and shall cooperate in

Provided, That the delivery date of the above real estate shall be October 31, 2010.

B. In addition, the Plaintiff and the Defendant determined the terms and conditions of a special agreement for the implementation of the instant sales contract, and stipulated a separate special agreement (1) and (2) concerning the payment of the remainder and the transfer of the right to operate a child care center, as follows.

Matters of special agreement

1. To register the transfer of ownership in the name of a purchaser after payment of part payments (including repayment of several cooperative loans) for authorization of a kindergarten, as provided for in Article 2;

Provided, That the delivery date of the above real estate shall be governed by Article 2.

2. The buyer shall be liable for the repayment of 1,500,000 won (1,950,000 won (1,950,000 won) at the time of the intermediate payment.

3. It shall confirm that there exists the E-mortgage (the amount of creation: 1,000,000,000 won).

4. There exists separate special terms and conditions including the balance; and

(1) Matters of special agreement

1. The payment method of any balance shall be separately prescribed.

- 200,000,000 won: payment made on September 18, 2010; - 230,000,000 won: October 20, 2010

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