(영문) 서울중앙지방법원 2015.07.02 2014가합571781

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(영문) 서울중앙지방법원 2015.07.02 2014가합571781

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On May 28, 2014, C, the representative director of the Plaintiff, concluded a sales contract with the Defendant to purchase real estate listed in the separate sheet (hereinafter “instant apartment”) for KRW 3.2 billion (hereinafter “instant sales contract”).

C and the Defendant agreed to pay the down payment of KRW 300 million until June 12, 2014, and the intermediate payment of KRW 1.8 billion to succeed to the obligation to return the deposit money to a person having chonsegwon, and the remainder of KRW 1.1 billion to be paid by the delivery and redemption of documents necessary for the registration of transfer of ownership on July 4, 2014.

B. On May 18, 2014, the Plaintiff paid to the Defendant KRW 10 million, out of the down payment under the instant sales contract, and paid KRW 250 million on June 12, 2014, and paid KRW 240 million out of the down payment KRW 300 million, and did not pay the remainder KRW 50 million up to June 12, 2014, which is the down payment date.

C. On July 4, 2014, the remaining payment date, the Plaintiff requested the Defendant to extend the payment date of the unpaid down payment and the remainder to September 4, 2014, which was later than two months, and the Defendant, at the Plaintiff’s request, extended the payment date and extended the payment date, but was issued by the Plaintiff with the following confirmation and undertaking (hereinafter “instant confirmation and undertaking”).

In the process of purchasing the instant real estate owned by the seller B (the defendant refers to the defendant; hereinafter the same shall apply) in the name of the buyer, the buyer shall pay 50 million won to the seller as a penalty for the purchase of the instant real estate in the name of the seller B, and 30 million won among them shall be paid from 250 million to 30 million won, which he paid as the down payment, to the buyer, by deducting 30 million won from 250 million to 4.7.4, 2014.

We reaffirm that the above KRW 30 million is excluded from the apartment sales contract down payment.

Certificates of Promises

1. On May 28, 2014, the buyer himself/herself shall own the instant real estate owned by the seller B in the name of the seller C.

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