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(영문) 광주지방법원 2017.08.18 2016가합52908
소유권이전등기
Text

1. The defendant is paid KRW 497 million from the plaintiff.

Reasons

1. Basic facts

A. On December 16, 2015, C entered into a sales contract with the Defendant with regard to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the Defendant as KRW 1130,000,000,000, and C paid the down payment to the Defendant on the same day.

B. After that, C and the Defendant decided to change the purchaser to the Plaintiff. Accordingly, on January 19, 2016, between the Plaintiff and the Defendant, a new purchaser, the Plaintiff and the Defendant, the purchase price of each of the instant real estate shall be KRW 1.130 million paid by C, in lieu of the Plaintiff’s payment of the down payment of KRW 40 million paid by C. A sales contract was concluded with the effect that the Plaintiff succeeds to the loan of KRW 475 million and the deposit of KRW 68 million, and the remainder of KRW 547 million was to be paid on January 29, 2016 (hereinafter “instant sales contract”). On January 25, 2016, the Plaintiff paid the Defendant KRW 50 million additionally (hereinafter “instant sales contract”).

C. On February 4, 2016, the Plaintiff: (a) agreed on February 4, 2016 to set up a sales contract stating the purchase price of KRW 1,750,000,000, which is different from the actual purchase price for a bank loan (hereinafter “business contract”); (b) but refused to perform the contract; (c) pursuant to the agreement between the original Defendant and the original Defendant on January 30, 2016, the Plaintiff cannot pay the remainder of the contract; and (d) if the Defendant wishes to cancel the contract, the Defendant returned the amount of KRW 90,000,000,000 paid by the Plaintiff to the Defendant; and (e) sent a content-certified mail verifying the purport that the amount of KRW 20,00,000,000,000, including the fees paid by the Plaintiff to D

The Defendant, on February 19, 2016, expressed clearly its intent not to pay the remainder to the Plaintiff until January 29, 2016, which is the remainder payment date stipulated in the instant sales contract, and rather, not to pay the remainder.

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