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1. The Defendant’s KRW 74,00,000 as well as 5% per annum from August 28, 2019 to October 2, 2019 to the Plaintiff.
Reasons
(2) On June 25, 2019, the Plaintiff purchased D Apartment E (hereinafter “instant apartment”) from the Defendant for KRW 375,00,000 from Jeju-si and KRW 375,00.
The plaintiff paid 37,00,000 won to the defendant on the same day.
* The remainder 338,00,000 won shall be paid on August 16, 2019.
* The seller shall deliver all the documents necessary for the registration of transfer of ownership to the buyer simultaneously with the receipt of any balance, and shall cooperate in the registration procedure, and the delivery date of real estate will be August 16, 2019.
* Until the buyer pays the intermediate payment (if there is no intermediate payment, the intermediate payment) to the seller, the buyer may reimburse the down payment and the buyer may waive the contract by giving up the down payment.
(Article 5. * If the seller or the buyer has not fulfilled the terms of the contract, the other party may give written notice to the person who has failed to perform the contract and rescind the contract.
In addition, the parties to the contract may respectively claim damages following the rescission of the contract to the other party, and the contract deposit shall be deemed as the basis for compensation for damages, unless otherwise agreed on the damages (Article 6).
(6) The other principal terms of the above sales contract are as follows.
On July 19, 2019, the defendant's provisional attachment (the Jeju District Court Order 2019 business group1070 dated July 18, 2019) against the apartment of this case was registered.
On July 29, 2019, the Plaintiff urged the Defendant to cancel the provisional seizure by way of content-certified mail and mobile phone text messages. On August 16, 2019, the Plaintiff sent the remainder of KRW 338,000,000 to the brokerage office and only sent the Defendant to the brokerage office. However, the Defendant did not provide the documents necessary for the registration of provisional seizure and the cancellation of the registration of the establishment of a neighboring mortgage.
The Plaintiff is a content-certified mail and mobile phone text message sent to the Defendant on August 22, 2019, which is up to August 26, 2019.