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(영문) 광주지방법원목포지원 2014.04.23 2013가단3727
계약금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 22, 2012, the Plaintiff purchased from the Defendant for KRW 300 million the real estate price of KRW 4,658 square meters (hereinafter “the instant real estate”). Of KRW 300 million, the Plaintiff agreed to take over the secured obligation under the name of the Nonghyup Bank Co., Ltd. in the name of the Nonghyup Bank Co., Ltd. established on the instant real estate, and the remainder KRW 100 million out of the down payment amount of KRW 200 million was to be paid respectively at the time of the contract, and the remainder KRW 100 million was to be paid on December 22, 2012.

(hereinafter referred to as “the instant sales contract”). (b)

On November 22, 2012, the Defendant remitted KRW 20 million to the Plaintiff, and the Plaintiff again paid KRW 100 million to the Defendant on the same day as the down payment under the instant sales contract.

C. On December 20, 2012, the Plaintiff intended to pay the remainder of KRW 70 million to the Defendant under the instant sales contract, but the Defendant demanded the payment of the remainder in full and refused to receive it.

【In the absence of a dispute over a part of the grounds for recognition, Gap evidence 1, 3, 4-1, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Of the above 200 million won of the sales contract of this case where the Plaintiff’s assertion is based on the Plaintiff’s burden of KRW 50 million, but if the Defendant lent to D or the Plaintiff the amount to be borne by D, the Plaintiff received it and agreed to pay the purchase price to the Defendant by adding the amount to be borne by D or the Plaintiff.

In other words, among the down payment of KRW 80 million, the Plaintiff agreed to bear KRW 20 million and KRW 20 million, and among the remainder of KRW 100 million, the Plaintiff agreed to bear KRW 70 million and KRW 30 million.

In accordance with the agreement on the payment of the purchase price (hereinafter “the agreement on the payment of the purchase price for the Plaintiff’s assertion”), the Plaintiff agreed on December 20, 201 to bear the Plaintiff out of the remainder to the Defendant on December 20, 2012.

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