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(영문) 수원지방법원 2016.05.18 2015가단44812
계약금반환 등
Text

1. The Defendant’s KRW 10,500,000 for the Plaintiff and 5% per annum from May 18, 2015 to January 14, 2016.

Reasons

1. Evidence 1, A2, A3, A4, A5, A6, A8-1, and the purport of the whole pleadings

A. On May 16, 2015, the Plaintiff paid KRW 500,000 as down payment to the Defendant to purchase reinforced concrete No. 101, 47.04 square meters on the first floor, Dasan-si, the first floor (hereinafter “instant building”) owned by the Defendant, and to purchase the instant building. On May 18, 2015, the Plaintiff concluded a sales contract with the Defendant for the purchase of the instant building at a fixed price of KRW 65 million and concluded the sales contract with the Plaintiff to purchase the instant building at a fixed price of KRW 15 million on May 21, 2015, the date of the contract, the intermediate payment, 30 million, and the remainder of KRW 25 million were to be paid on July 27, 2015 by the seller at the same time to the seller for the registration of transfer of ownership, and to the seller for the purchase of the instant building at the same time cooperate with the buyer for the registration of transfer of ownership, and to the buyer for the sale of the instant building at reasonable price.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit was agreed to be considered as the standard of compensation for damages unless there is a separate agreement on the damages.

B. At the time of conclusion of a sales contract, Licensed Real Estate Agent D explained to the Plaintiff that there is no rupture and leakage on the wall of the instant building and that the state of distribution is clean.

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