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(영문) 청주지방법원 2015.08.21 2015가단1758
매매대금반환
Text

1. The defendant, the defendant (appointed party) and the appointed parties are jointly and severally liable to each of the plaintiffs for KRW 26,098,380 as well as for them.

Reasons

1. Facts of recognition;

A. The Defendant Company (hereinafter “Defendant Company”) is a company engaged in real estate sales business, real estate sales agency business, etc., and the Defendant (Appointed Party) and the designated parties are the employees of the Defendant Company.

B. On July 16, 2014, the Plaintiffs concluded a sales contract with the following terms and conditions (hereinafter “instant sales contract”) that the Defendant Company and the Defendant Company would purchase 198 square meters of land D in the Jeonbuk-gun, Jeonbuk-gun, where the Defendant Company and the Defendant Company were in sale (hereinafter “instant land”).

Article 1 The Plaintiffs pay the purchase price of KRW 53,262,00 to Defendant Company as follows - down payment of KRW 6,00,000 (payment on the day of the contract) - intermediate payment of KRW 26,000 (payment on July 29, 2014), and the remainder of KRW 21,262,00 (payment on August 20, 2014) (payment on August 20, 2014), the Defendant Company shall, upon receiving any balance, implement the procedures for the registration of ownership transfer of the instant land and deliver the instant land to the Plaintiffs.

Terms and Conditions of the Special Agreement (Plaintiffs) are 2% DC when the balance is completed by July 29, 2014.

C. By July 29, 2014, the Plaintiffs paid to Defendant Company KRW 52,196,760 ( KRW 53,262,00 x 0.98) as stipulated in the instant sales contract.

However, the Defendant Company did not complete the registration of ownership transfer of the instant land to the Plaintiffs, and when the Plaintiffs resist against the Defendant Company, the Defendant Company and the Defendant (Appointed Party) and the appointed parties agreed to the effect that the Plaintiffs are jointly and severally liable for the sales price received from the Plaintiffs if the Plaintiffs cannot complete the registration of ownership transfer of the instant land by November 20, 2014 (hereinafter “instant agreement”).

E. The Defendant Company did not complete the registration of ownership transfer of the instant land to the Plaintiffs until the date of closing the argument in this case.

[Grounds for recognition] without dispute;

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