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(영문) 서울중앙지방법원 2016.11.22 2016가합510049
계약금 등 반환 청구의 소
Text

1. The defendant shall pay 306,500,000 won to each of the plaintiffs and 15% per annum from March 9, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On November 11, 2015, the Plaintiffs and the Defendant concluded a sales contract with respect to the Seocho-gu Seoul Metropolitan Government D Apartment Building 117 Dong 503 (hereinafter “instant apartment”) owned by the Defendant, as follows, via the brokerage of licensed real estate agents E (hereinafter “instant sales contract”), and the Plaintiffs paid the down payment of KRW 36.5 million to the Defendant on the same day.

Article 1 (Purpose) In the sale of the above real estate, the seller (Defendant) and the buyer (Plaintiffs) shall, by agreement, pay the purchase price as follows:

The sum of KRW 306,500,000,000,000 c. c. g. 3,065,000,000 c. c. c. g. g. g. g. g. g. g. g. g. 306,50,000) shall be paid and received at the time of the contract and shall be paid in December 22, 2015.

Article 2 (Transfer, etc. of Ownership) A seller shall, at the same time as the receipt of the balance of the purchase price, deliver all documents necessary for the registration of transfer of ownership to a purchaser and cooperate with the registration procedures, and the delivery date of the said real estate shall be December 22, 201

Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and cancel the contract.

In addition, the parties to the contract may claim damages for the cancellation of the contract respectively to the other party, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed.

[Matters of Special Agreement]

1. Contracts with present facilities (including options);

4.The current tenant is currently residing in the KRW 00 billion and the purchaser will succeed to the current tenant.

5. The seller shall visit the household prior to any balance, together with the buyer, to the end of the facilities at the end of the balance.

B. From December 7, 2015, around December 17, 2015, the period up to the date of discovery of water leakage and the payment of remainder, 403, a long time from the inner toilet of the apartment of this case.

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