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Reasons
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(영문) 대구지방법원김천지원 2015.12.18 2014가합2696
매매대금반환
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1. Defendant D’s KRW 6,800,000 as well as 5% per annum from July 12, 2011 to April 29, 2015 to the Plaintiff.

Reasons

. Matters of special agreement by April 30; and

1. Lease contract money, premium, facility cost, and consulting cost shall be the seller;

2. Premium of KRW 20 million shall be deducted from any balance.

3. Where a building is removed with road compensation, the sales amount shall be refunded after deducting the amount of rents.

(4) Monthly rent shall be received by the buyer.

5. The purchaser shall bear taxes on land, buildings, and rent-making profits;

C. On July 12, 2011, the Plaintiff entered into a provisional contract with Defendant B and C as the broker of Defendant D, with the following contents, and paid KRW 120 million as the down payment and the intermediate payment on the same day. Defendant D paid KRW 6.8 million as the commission for contract brokerage.

Real estate sales contract (certificate No. 1)

1. Display site of real estate: E land category, area B, and building with C equity F rights: 38 square meters in the sand position panel structure;

2. Sales proceeds: Deposit for lease deposit for a separate consultation: KRW 100 million * intermediate payment of KRW 20 million : The intermediate payment of KRW 100 million : 30 million : The remainder of payment on July 30, 201: 80 million , and the special agreement for payment on September 1, 201 :

1. Lease deposit, premium, facility cost, and consulting cost shall be the seller;

2. Premium of KRW 20 million shall be deducted from any balance.

3. Where a building is removed with road compensation, the sales amount shall be refunded after deducting the amount of rents.

4. The monthly rent shall be received by the buyer.

(transfer after receipt by the seller). * Rental-related income tax and other taxes are to be borne by the buyer.

5. The purchaser shall bear taxes on land, buildings, and rent-making profits;

6. The amount to be traded shall be rents, and the amount to be traded after deducting the premium.

On July 28, 2011, the Plaintiff drafted a new contract with Defendant B and C as follows (hereinafter “instant sales contract”), and paid KRW 30 million in the intermediate payment on July 30, 201.

E. The Plaintiff, on August 8, 201, is the Defendant among the instant land.

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