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(영문) 의정부지방법원고양지원 2020.11.13 2017가합73207
매매대금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Fact-finding ① Of the sales proceeds, KRW 450,000, the down payment is KRW 45,000,000 and the remainder KRW 405,00,000 shall be paid simultaneously with the procedure for ownership transfer registration on December 28, 2016.

(2) The period required for the implementation of the procedures for registration of transfer of ownership shall be determined by mutual agreement, and the contract shall be terminated without any cause attributable to both parties, if the agreement for such agreement is not fulfilled or if any balance cannot be paid as a bank loan.

(3) In addition to the Defendant and the Plaintiff, the sales agency of the seller shall affix a seal to the sales agency of the seller.

A. As to the second floor D of Pyeongtaek-si building owned by the Defendant (hereinafter “instant real estate”), the sales contract (Evidence A No. 1, hereinafter “the sales contract”) signed between the Plaintiff and the Defendant on November 28, 2016 as follows.

(1) The purchase price shall be set at KRW 206,50,000, and the buyer (B, the Plaintiff Linnin) shall pay the said price to the seller (A and the Defendant Linnina) as G association account of A on December 28, 2016.

(2) [Matters under special agreement] In addition to this agreement entered into with Gap, any other contract (the preparation of a contract for sales agency with Eul) other than this agreement entered into with Eul shall not be recognized and permitted, and Gap may terminate the contract without the agreement of Eul when it fails to perform the matters under this agreement, and Eul shall be liable for such termination.

(3) The F.m. seal is affixed in the capacity of the seller as a sales agent, in addition to the Defendant and the Plaintiff.

B. In addition, with respect to the instant real estate between the Plaintiff and the Defendant, a sales contract entered into between the Plaintiff and the Defendant on December 28, 2016 (hereinafter referred to as “B sales contract”) with respect to the said real estate as follows:

C. On December 28, 2016, from the Plaintiff’s I Association Account, KRW 270 million was remitted from the Defendant’s G Association Account (Account Number H; hereinafter “Defendant’s instant account”) to the Defendant’s G Association Account, and on the same day, the Plaintiff’s instant real estate on the same day.

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