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(영문) 서울고등법원 2017.11.16 2016나2065214
부당이득금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. In the sale of the said real estate on October 30, 201, the purchase price of which is KRW 100 billion in the daily payment of the down payment of KRW 100 billion in the down payment of KRW 100 million on September 9, 2010, KRW 200 billion in the daily payment of the intermediate payment of KRW 100 billion on October 30, 201, the purchaser would pay the purchase price as follows.

Article 3. The name map of the above real estate shall be October 30, 2010.

Article 4 The seller shall pay to the seller debts and taxes and public charges related to the real estate as of the date of payment of the balance.

Article 5 The seller shall deliver all documents necessary for the ownership (registration) to the buyer when he/she receives the balance, and shall cooperate with the transfer registration.

Section 6. The seller shall reimburse the amount of the down payment at the time of the termination of the contract, and the buyer shall waive the down payment at the time of the termination and shall not claim the return thereof.

proviso provisions of proviso

1. All debts out of the above trading amounts, including loans and other establishment of a right to collateral security, seizure, provisional seizure, etc., shall be succeeded to by the purchaser after the settlement of accounts agreed to deduct one hundred million won out of the balance;

2. Where the payment of any balance is deferred from among the sales amount, the interest shall be settled and paid at the interest rate of a commercial bank, and all the problems arising therefrom shall be borne by the purchaser; and

3. The trees and above-mentioned items of real estate (such as an unauthorized building and facility) are included in this sales contract and are included in the sales amount. 4. The seller agrees to provide a written consent for land use (only in the application for authorization) at the same time as a gold contract and to receive an intermediate payment, and at the same time, agrees to specify real estate.

If a problem occurs later due to this case, the buyer will assume all civil and criminal responsibilities.

5. If attachment, provisional attachment, etc. occurs after this sales contract, the seller will be responsible for and cancelled, and the buyer will not raise any legal procedure and objection for that reason.

Plaintiff

The plaintiff's trade name is "stock company."

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