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(영문) 제주지방법원 2019.06.07 2018가단60566
매매대금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On June 1, 2016, the Defendants completed the registration of ownership transfer in the future of the Defendants on the grounds of the sale on May 19, 2016 (hereinafter “instant land”) with respect to 1141 square meters and 936 square meters in E-source (hereinafter “instant land”).

Article 2 Sales Price of KRW 80 million and down payment of KRW 80 million shall be paid on September 1, 2016, and any balance of KRW 720 million shall be paid until September 30, 2016.

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.

Special Agreement Matters:

1. All of the above-ground objects shall be included in the objects to be traded;

2. The remainder of KRW 100,000,000,000 shall be paid in October 31, 2016, and the sellers shall accept such payment.

3. In cases of actual purchase price of KRW 80 million or transfer of ownership, a sales contract with KRW 650,000,000 shall be prepared again.

B. On September 1, 2016, the Plaintiff entered into a sales contract as follows (hereinafter “instant sales contract”) with the Defendants to purchase the instant land in KRW 800 million, and paid the Defendants the down payment of KRW 80 million on the date of the contract.

C. On September 29, 2016, the Plaintiff purchased the pertinent land for the purpose of building, leasing, or selling multi-family housing on the instant land. However, there were 25-30 seedlings at a place where the said land did not fall short of 1km, the Plaintiff sent a certificate of content that the Defendants would cancel the instant sales contract on the grounds that the Defendants did not notify the Plaintiff thereof. The said certificate was served on the Defendants on October 4, 2016.

Meanwhile, the Defendants had to pay KRW 620 million to the Plaintiff for any balance that the Plaintiff agreed to pay by September 30, 2016, and had to verify the contents demanding the payment of the remainder on October 10, 2016 and October 27, 2016. In addition, without providing documents necessary for the registration of the transfer of ownership, the Defendants sent the notice demanding payment of the remainder to the Plaintiff. In short, the Defendants sent the remainder KRW 720 million on December 22, 2016 without providing the documents necessary for the registration of the transfer of ownership.

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