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(영문) 서울동부지방법원 2014.05.30 2012가합17286
계약금 및 중도금반환
Text

1. The Defendant’s KRW 68,827,497 and the Plaintiff’s annual rate of 5% from September 4, 2013 to May 30, 2014.

Reasons

1. Basic facts

A. On December 21, 2009, C concluded the instant sales contract: (a) purchased KRW 112,966,000 from the Songpa-gu Seoul Metropolitan Government DBF 1075 (hereinafter “instant shopping mall”) (hereinafter “instant sales contract”); and (b) paid the down payment of KRW 112,96,000 to the SH Corporation.

(C) Nos. 451,866,00 won shall be paid up to February 20, 2010, within the period of designation of shop occupants. (b)

(1) On March 10, 2010, the Defendant purchased the instant shopping mall sales right from C in KRW 584,832,00, and paid KRW 132,966,00 (the amount calculated by deducting the balance of KRW 451,86,00 on the instant sales contract from KRW 584,832,00) to C. On April 9, 2009, the Defendant succeeded to the status of the buyer under the instant sales contract under the confirmation of SH Corporation.

(2) On April 12, 2010, the Defendant sold the instant shopping mall sales right to the Plaintiff (hereinafter “instant sales contract”); the sales price is KRW 764,832,00,000, plus KRW 200,000,000,000,000 for the sales price of the instant sales contract; and the remainder of KRW 451,866,000,000 under the instant sales contract was agreed that the Plaintiff paid the Defendant the down payment of KRW 30 million on the same day.

However, the Plaintiff and the Defendant agreed to prepare the so-called “the so-called “the” contract, and accordingly, made a sales contract for the sale of commercial buildings, the sales price of which is KRW 594,832,00 (hereinafter “the sales contract of this case”).

(3) On April 27, 2010, the Plaintiff deposited the deposited person as the Defendant the remainder amount of KRW 451,866,000 on the instant sales contract, from KRW 594,832,00,00, which was KRW 112,966,00,000,000, which was the sales price under the instant sales contract (the amount calculated by deducting the remainder amount of KRW 451,866,00 and the down payment already paid KRW 30 million).

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