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(영문) 대구지방법원 경주지원 2018.12.18 2018가단12585
기타(금전)
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The following facts are either disputed between the parties, or acknowledged by Gap evidence 1, Eul evidence 1, 2, 3, 4, and 6 (including additional numbers) and the whole purport of the pleadings. A.

On April 16, 2018, the Plaintiff purchased the Plaintiff’s purchase price of KRW 335,00,000 (the contract amount of KRW 34,000,000 on the day of contract, intermediate payment of KRW 50,000,00 from the Defendants on May 15, 2018, the remainder amount of KRW 251,00,000,000, from June 15, 2018).

(hereinafter “instant trade”). (b)

In the instant sales contract, the Plaintiff and the Defendants notified the other party of the nonperformance in writing and rescinded the contract, and may claim damages arising from the rescission of the contract. Unless otherwise agreed, the contract deposit shall be deemed as the basis for compensation for damages.

C. The Plaintiff paid the Defendants the down payment of KRW 34,00,000 on the day of the instant sales contract.

After that, the Plaintiff agreed to pay the intermediate payment to the Defendants at the balance payment date, and the Defendants agreed to do so.

E. On June 14, 2018, the day immediately before the remainder payment date, the Defendants prepared preparation necessary for the registration of transfer of ownership of the instant land and the instant housing, such as obtaining a certificate of personal seal impression for real estate sale and a certified copy and abstract of resident registration.

F. However, on June 15, 2018, the Plaintiff requested the Defendants to change the remaining payment date to June 18, 2018, and the Plaintiff and the Defendants agreed to cancel the contract if the remainder payment under the instant sales contract and the ownership transfer registration are not made on June 18, 2018.

G. The Defendants, around June 21, 2018, pay the intermediate payment to the Plaintiff at the Plaintiff’s request, in lump sum.

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