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(영문) 대전지방법원 2014.12.16 2014가단5378
매매대금
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 39,200,000 for the Plaintiff and its related expenses on October 22, 2014.

Reasons

1. On June 13, 2013, the Plaintiff entered into a sales contract with the Defendant on a fixed basis as of June 18, 2013 with respect to the purchase price of KRW 44,400,000, down payment of KRW 4300,000, and the remainder payment of KRW 38,800,000,000 on the remainder payment date, and paid the down payment on the date of the contract (hereinafter “instant sales contract”). The Plaintiff paid the down payment of KRW 38,80,000 out of the remainder on the remainder payment date, and the Defendant thereafter deducted the remainder from KRW 400,000.

7.4. 4.4.4. 4. 4. 400 million won was paid in full, and the Defendant did not complete the registration of ownership transfer for the instant portion of the land. Thus, the Defendant’s rescission of the instant sales contract on the grounds of the Defendant’s nonperformance and sought a refund of KRW 43,512,000 of the purchase price already paid and a penalty of KRW 4,300,000,000 was paid. However, there is no evidence to acknowledge that the Defendant had paid a reduction of the purchase price as alleged by the Plaintiff,

2. The Plaintiff concluded a sales contract with the Defendant on June 13, 2013, setting the sales price of KRW 44,400,000, contract deposit of KRW 4300,000, and the remainder payment date of June 18, 2013, based on the following facts: (a) there is no dispute over the determination of the conjunctive claim; and (b) the Plaintiff paid KRW 38,80,000,000 among the remainder on June 18, 2013; and (c) the Plaintiff paid KRW 4,30,000,000 among the remainder on June 18, 2013, and KRW 40,00,00 among the remainder on July 4, 2013; and (d) the Plaintiff did not fulfill its duty to pay the remainder on October 11, 2013; and (c) the content of the sales contract at issue reaches the Plaintiff’s intent to cancel the sales contract.

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