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(영문) 부산지방법원동부지원 2020.09.17 2019가단10905
매매대금반환
Text

1. As to KRW 120,956,164 and KRW 85,00,00 among them, the Defendant shall annually pay to the Plaintiff KRW 120,956,164 from October 1, 2019 to October 28, 2019.

Reasons

1. Basic facts

A. On July 8, 2005, the Plaintiff entered into a sales contract with the Defendant as to 80/220 of the Defendant’s share of 173,995 square meters of the Do Forest in Yangnam-si, Yangsan-si. Around that time, the Plaintiff paid the Defendant KRW 85,00,000 in total as the down payment and the intermediate payment.

B. On March 1, 2008, the Defendant delayed the implementation of the instant sales contract to the Plaintiff, thereby preparing each of the following descriptions (hereinafter “each of the instant notes”). On April 1, 2008, on the part of the instant real estate, the Defendant completed the registration of creation of mortgage over the entire maximum debt amount of the Defendant’s share, KRW 85,00,000,000, and the Plaintiff’s creation of mortgage over the part of the mortgagee.

In each letter, as soon as the transfer of ownership of the D forest in Yangsan-si under the real estate sales contract on July 8, 2005 is delayed, this letter will be submitted to the commitment to implement the following conditions:

A. L. L. L.I.

1. The down payment and intermediate payment shall be refunded at the time when a new parcel number is not given due to the completion of permission by December 31, 2008;

At this time, interest shall be applied at 10% per annum from the contract date to the return date.

4. It is intended to set up as the plaintiff the right to collateral security an over-sale million won on the land under the name of the defendant, which is an over-owner of the main land with the establishment of the collateral level following the transfer of ownership.

(2), the entry of paragraphs (3) and (5) is omitted.

C. As the Defendant did not perform the instant obligation, the Plaintiff applied for a voluntary auction to Ulsan District Court E (hereinafter “instant auction”) and the said court rendered a voluntary decision to commence the auction on August 14, 2009.

On August 27, 2009, the Defendant: (a) performed an undertaking (hereinafter “instant undertaking”) with the effect that the Plaintiff would pay the Plaintiff the full amount of KRW 30,000,000 and other expenses within three months from the date of the said undertaking; and (b) agreed to pay the remainder of KRW 55,00,000 within three months from the date of the said undertaking; and (c) withdrawn the auction of the instant case on August 28, 2009.

E. The F Co., Ltd. shall be February 2014.

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