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(영문) 창원지방법원 2018.03.15 2018가합15
계약금반환 등
Text

1. The Plaintiff:

A. Defendant A’s KRW 174,285,714 and the interest rate of KRW 15% per annum from January 10, 2018 to the date of full payment.

Reasons

1. Indication of claim;

A. On May 8, 2017, the Plaintiff purchased from the Defendants the amount of KRW 11,570 square meters of C forest land in Sacheon-si (hereinafter “instant real estate”) in KRW 1,220,000,000, and paid the Defendants the down payment of KRW 122,00,000 on the same day.

B. The instant real estate sales contract stipulated that “the Defendant shall complete a transfer to all graveyardss within six months after the contract was concluded,” and the Defendants did not perform their duty to change the graveyard by November 8, 2017.

Accordingly, the Plaintiff rescinded the instant real estate sales contract.

C. Therefore, Defendant A is obligated to pay 244,00,000 won, five-seven percent of the down payment of the instant real estate as the right holder of the 5/7 share of the said real estate and damages for delay thereof. Defendant B is obligated to pay 24,285,714 won, which is an amount equal to the down payment of the said down payment, as the right holder of the 2/7 share of the instant real estate and the damages for delay thereof. Defendant B is obligated to pay 24,00,000 won, which is an amount equal to the down payment of the said down payment, as the right holder of the 2/7 share of the instant real estate and the damages for delay thereof.

2. Article 208 (3) 1 and Article 257 of the Civil Procedure Act.

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