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(영문) 서울남부지방법원 2018.05.29 2017가합111186
계약금반환 등
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. 1) On January 24, 2017, the Plaintiff entered into a land sales contract between the Plaintiff and the Defendant B, as indicated in the separate sheet owned by the Defendant C, the spouse of the Defendant B and the Defendant B (hereinafter “each of the instant lands”).

2) The sales contract for the purchase price of KRW 1.1 billion was concluded (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows. The sales price and payment method under Article 2 (Sales Price, etc.) shall be determined as follows. (1) The sales price shall be KRW 1,100,000,000.

2) The contract deposit shall be 180,000,000 won and shall be payable to the seller at the same time as this contract is concluded. 3) The buyer shall pay the intermediate payment at KRW 400,000 to the seller on March 24, 2017.

4) Any balance shall be paid 520,000,000 won to the seller by June 24, 2017. The seller under Article 3 (Registration of Ownership, etc.) shall provide the buyer or any person designated by him/her with all the documents concerning the delivery of the goods for sale and the registration of transfer of ownership through simultaneous performance in which the buyer has received the full payment of the purchase price from the buyer, and shall cooperate in the procedures for registration of transfer of ownership. Article 4 (Liability of the Seller)

The seller shall be liable for any loss caused by the creation, defect, burden, or other act of hindering the full exercise of ownership in connection with the sale and purchase of the goods mentioned in the preceding two paragraphs.

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