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(영문) 청주지방법원 2017.07.21 2016가단113979
매매대금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 120,00,000 and the interest rate of KRW 15% per annum from November 3, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 6, 2015, the Plaintiff agreed with C, an agent of the Defendant, to purchase from the Defendant the forest land of KRW 145 million, which appears to be the site for the building 89.25 square meters south of Chungcheongnam-gun, Chungcheongnam-do (Dong) and the forest land of KRW 429.75 million, which appears to be the site for the building above, between the Defendant and C, and the intermediate payment of KRW 80 million on the date of the contract, and the intermediate payment of KRW 85 million on December 24, 2015, respectively, and the Plaintiff agreed to pay KRW 45 million after the completion of the registration of ownership transfer.

(hereinafter “instant sales contract”). B.

At the time of the instant sales contract, the registration of ownership transfer was completed on February 5, 2001 in the name of the Defendant with respect to the above D forest No. 850 square meters at the time of the instant sales contract, but the said building was unregistered.

C. At the time of the instant sales contract, the Defendant concluded that the Plaintiff completed the construction of the building and completed the registration of ownership transfer on the said land and building on February to March, 2016, which is the subject matter of sale.

The Plaintiff and the Defendant agreed that, in the event that one of the parties fails to fulfill a sales contract under Article 6 of the instant sales contract, the other party may notify in writing the person who has failed to fulfill the contract, and may claim damages arising from the termination of the contract, and the down payment shall be deemed as the standard for compensation

E. By March 2016, the Plaintiff urged the Defendant, who did not perform the completion of the building and the registration of ownership transfer for the land and the building, to complete the completion of the construction by July 12, 2016. On August 28, 2016, the Plaintiff urged the Defendant to complete the construction of the building by September 10, 2016, as content-certified mail, and expressed his/her intent to cancel the instant sales contract if the construction of the building is not completed by September 10, 2016.

F. From October 25, 2016, the filing date of the instant lawsuit, the construction of the building was not completed until then, and the said land and the said land.

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