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(영문) 의정부지방법원고양지원 2020.02.05 2019가단97118
계약금반환
Text

1. The Defendant’s KRW 63,500,000 as well as the Plaintiff’s annual rate from December 20, 2019 to February 5, 2020, and the following.

Reasons

1. On November 2, 2016, the Plaintiff and C concluded a sales contract (hereinafter “instant sales contract”) with the Defendant on the instant ground E-ho (hereinafter “instant real estate”). Accordingly, the Plaintiff and C, a joint purchaser, paid the Defendant KRW 98,50,000,000 as the sales price of the instant sales contract, on November 2, 2016, as the sales price of the instant sales contract, and KRW 18,50,000,000 as the total amount of KRW 70,000,000 on December 15, 2016.

Article 1 285,00,000 - Contract deposit 28,500,000 won shall be paid and received at the time of contract. - Payment of down payment - 70,000,000 won shall be made on December 15, 2016.

- Loans of KRW 179,500,000 shall be executed on the balance date and shall be included in the balance.

Article 5 In the event that the seller has breached this contract, he shall pay to the buyer the amount of the down payment, and if the buyer has breached this contract, the contract is unilaterally rescinded by the buyer without any peremptory notice, the contract deposit shall belong to the seller, and the buyer shall not file a civil or criminal objection.

After completing registration of ownership preservation on the instant real estate on July 25, 2018, the Defendant completed registration of ownership transfer with FF corporation due to the trust on the same day.

The Defendant promised to move into the instant real estate by June 2017 to the Plaintiff, but failed to comply with it.

In addition, the Defendant promised the Plaintiff to complete the registration of transfer of ownership with respect to the instant real estate by October 5, 2018, but the Plaintiff was prepared to pay the remainder over several times, and demanded the Plaintiff to implement the registration of transfer of ownership, but rather, refused to execute the registration of transfer of ownership with additional payment of KRW 50 million in addition to the sale price.

Accordingly, on April 2, 2019, the Plaintiff urged the Defendant to complete the registration of ownership transfer by April 10, 2019, and where the Defendant fails to perform his/her obligation by the said deadline, delay of performance or refusal of performance.

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