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1. The defendant shall pay to the plaintiff KRW 392,30,000 per annum from June 15, 2020 to July 23, 2020.
Reasons
1.The buyer, at the time of the contract of the basic fact down payment of KRW 196,150,00, the outstanding amount of KRW 244,850,000, shall be the seller, as follows:
Article 2. The seller shall comply with the procedures for the transfer of ownership at the time of the receipt of the balance, and shall specify the right to such real estate and deliver the certificate of right to the buyer.
Article 4 (Cancellation of Contract) The seller shall compensate the buyer for the rate of the down payment as penalty, and the buyer shall be deemed the down payment at the time of the default, and the contract shall become null and void.
Article 5. The buyer shall submit to the seller such documents as may be necessary prior to the registration of the balance.
On November 20, 2018, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 441,00,000 (hereinafter “instant real estate”) prior to Jeju-si (hereinafter “instant sales contract”) for the purchase of KRW 694,00,00 in price. The main contents are as follows.
B. The Plaintiff paid KRW 196,150,000 to the Defendant on November 20, 2018 according to the instant sales contract.
C. On or around August 5, 2019 and August 7, 2019, the Plaintiff sent to the Defendant and the Defendant’s representative director a written notification proving the content of “where the Defendant fails to perform his/her duty to transfer ownership by August 26, 2019, the Plaintiff shall cancel the instant sales contract without a separate intention of cancellation,” and the said written notification was returned due to the cause, such as where the director is missing, etc., of all documents necessary for the registration of transfer of ownership and the balance of 244,850,000 won.
On April 20, 2020, the Plaintiff filed an application with the Defendant for service by public notice as a vice-branch of the Daegu District Court Decision 2020Karo5083, and filed an application for service by public notice of intent with the Defendant on May 19, 2020.