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(영문) 대구지방법원포항지원 2015.04.09 2013가단6184
매매대금반환
Text

1. The defendant shall pay 80,000,000 won to the plaintiff and 20% per annum from July 3, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. On March 29, 2013, the Plaintiff and the Defendant purchased from the Defendant the amount of KRW 6,612 square meters on a ship (2,00 square meters 2,00 square meters 2,3,441 square meters (2,000 square meters) connected to 1,2,3,4, and 1 of the certified copy of the attached forestry map among the land before the instant subdivision (hereinafter “the land before the instant subdivision”) in the area of KRW 50,00,000 from the Defendant, while the Plaintiff purchased from the Defendant for KRW 50,000,000 from the Defendant on the date of the contract, the remainder shall be paid by April 29, 2013, and the sales contract (hereinafter “the instant sales contract”).

B. The Plaintiff additionally paid the Defendant the down payment of KRW 50 million and KRW 30 million on April 4, 2013 (as seen below, the Plaintiff asserts that the intermediate payment and the Defendant’s down payment are the down payment) on the date of concluding the instant sales contract.

C. On May 9, 2013, the land before the instant partition was divided into the area of 6,612 square meters, etc. (hereinafter “instant land”) of Yongdong-dong, Seodong-dong, Seodong-dong, Seodong-dong, Chungcheongnam-dong, Ydong-dong, Do, in the instant case, which constitutes the land subject to

(However, on June 14, 2013, 6,612 square meters of the land before the instant partition was transferred to the instant land).

On June 4, 2013, the Plaintiff sent the instant sales contract to the Defendant on June 4, 2013, and requested the return of the down payment of KRW 50 million, intermediate payment of KRW 30 million, and penalty of KRW 50 million.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 4, Eul evidence 4-1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff intended to pay the remainder of KRW 420 million to the Defendant by dividing the land before the instant partition into the instant land, etc., but the Defendant did not pay to the Plaintiff major documents, such as the minutes necessary for the registration of ownership transfer with respect to the instant land.

Accordingly, the plaintiff has the same year.

6. 4. The Defendant notified the rescission of the instant sales contract.

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