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(영문) 부산지방법원 2018.07.17 2017가단19643
계약금반환등
Text

1. Defendant C’s KRW 30,000,000 and interest rate of KRW 15% per annum from July 5, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 22, 2017, the Plaintiff and D (D is a real estate broker, and the actual transaction party and the actual purchaser of the purchase price are the Plaintiff) entered into a sales contract on the following terms (hereinafter “instant sales contract”) with respect to Defendant C, et al. (hereinafter “Defendant”) and 1 (hereinafter “Defendant”) of the Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-do, and on the five-story accommodation facilities and the fifth-class neighborhood living facilities (hereinafter “instant real estate”). On February 22, 2017, the Plaintiff and D (D is the real estate broker, and the actual transaction party and the purchaser of the purchase price) transferred the remainder amount of KRW 23,00,000 to Defendant B’s account at F’s request.

The purchase price: The balance of KRW 30,000,000 (payment date): 1,190,000,000 (payment date): Special agreement ( March 21, 2017):

1.In the case of this sale of real property, the buyer shall conduct on-site inspections after checking and reviewing all documents on the day (the land ledger, the building ledger, the land-use planning confirmation unit, and the copy of the register-land building) by both buyers, as defined in this title;

1.The buyer will be succeeded to by the buyer or the seller to cancel all bank loans in this sale on the outstanding date;

1.In the case of this sale and purchase of real estate, the full-time loan shall be given by means of a loan of KRW 00,000,000 and shall make efforts to grant a loan under mutual agreement.

B. At the time when the Plaintiff entered into the instant sales contract, the ownership of the instant real estate was not in the name of the Defendant. However, on January 24, 2017, the Plaintiff entered into a sales contract with H, the owner of the instant real estate under the name of G and one other, and entered into a sales contract with H as follows.

Sales proceeds: 1,125,00,000 won: 38,000,000 won loan of KRW 1,000,000,000, and current rental deposit of KRW 5,000,000 shall be succeeded by the buyer. Any balance (payment date): 82,00,000 won under a special agreement (payment date January 25, 2017):

2. The lease content as of the underground main point (500/100,000) is to be succeeded to as a lodging building near the fifth floor above the ground level, and the telecom is under direct management, including a business license certificate.

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