(영문) 수원지방법원 2017.09.22 2016나53753

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(영문) 수원지방법원 2017.09.22 2016나53753

매매대금반환

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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. Basic facts

A. On May 3, 2014, the Plaintiff’s mother, on behalf of the Plaintiff, entered into a provisional contract with the Defendant as follows with respect to D Forest land No. 2343 square meters (hereinafter “instant real estate”). On the same day, the Plaintiff paid KRW 10 million to the Defendant on the same day.

① The instant real estate is to be sold in KRW 35 million.

(2) The defendant shall be paid KRW 10 million with a provisional contract deposit.

③ On May 7 through 8, 2014, this Agreement shall be entered into and among the two parties, and a provisional contract shall be returned within 10 days at the time that no smooth resolution is reached between them.

B. C around May 28, 2014, on behalf of the Plaintiff, concluded a sales contract with the Defendant to purchase the instant real estate from the Defendant with the following content (hereinafter “instant sales contract”). On the 29th of the same month, the Plaintiff paid KRW 17 million to the Defendant as down payment.

Article 1 (Purpose) In regard to the sale of the above real estate, the seller and the buyer shall pay the purchase price by agreement as follows:

The purchase price: 270,000,000 won intermediate payment: 27,000,000 won: 63,000,000 won shall be paid on June 10, 2015 (which appears to be a clerical error in June 10, 2014).

Any balance: 80,000,000 won shall be paid on June 10, 2014

(Provided, That a loan shall be replaced by a notarial deed): 100,000,000 won (FFFF) shall be succeeded.

Article 2 (Transfer, etc. of Ownership) The seller shall, at the same time, deliver all documents necessary for the registration of transfer of ownership to the buyer and cooperate with the buyer in the registration procedure, and the delivery date of the said real estate shall be June 10, 2015 (the date of delivery of the said real estate seems to be a clerical error in the register of June 10,

Article 5 (Cancellation of Contract) Before the buyer pays the intermediate payment to the seller, the seller may reimburse the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) The seller or buyer has defaulted on the terms of this Agreement.

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