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(영문) 인천지방법원 2018.07.25 2017가단239914
계약금 및 중도금반환청구의 소
Text

1. Defendant (Counterclaim Plaintiff) B: (a) KRW 140,000,000 against the Plaintiff (Counterclaim Defendant) and its related amount from July 14, 2017 to September 28, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 11, 2017, Defendant B entered into a contract with the Korea Asset Management Corporation (hereinafter “Korea Asset Management Corporation”) to purchase the pertinent real estate after being awarded a successful bid by public auction from the Nam-gu Incheon Metropolitan Government (hereinafter “instant real estate”). Defendant B paid KRW 183,00,000 as the contract deposit on the date of the said contract, and the main contents of the contract are as follows.

(Sale) Korea Asset Management Corporation, a buyer, and the sale price of the real estate in this case, shall be KRW 1,830,000,000 ($30,000).

Article 2 (Deposit for Contract) (1) The buyer shall pay to the Ministry of Strategy and Finance the amount of KRW 183,00,000 (one hundred million) equivalent to not less than 10/100 of the proceeds from sale under Article 1 on the date of concluding the contract.

(2) Where this contract is cancelled, the price under paragraph (1) shall be deemed a contract bond.

Article 3 The purchaser shall pay 1,647,00,000 won (1,647,000 million won) with the exception of the amount under Article 2, out of the proceeds from sale under Article 1 by September 9, 2017.

Article 4 (Restrictions on Restrictions by Purchasers) No purchaser shall engage in any of the following conduct without approval of the seller before the ownership of the property is transferred under this Agreement:

1. Use of purchased property;

2. Sublet or transfer of the purchased property;

B. On July 12, 2017, the Plaintiff purchased the instant real estate from Defendant B as sales price of KRW 1,837,000,000, and the down payment of KRW 20,000,000, the contract date and the intermediate payment of KRW 163,80,000,000, the contract date and the intermediate payment of KRW 163,80,000 were concluded to pay KRW 1,653,20,00 on July 13, 2017 (hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.

Article 2 (Transfer, etc. of Ownership) The seller (Defendant B) shall deliver all documents necessary for the registration of transfer of ownership to the buyer (Plaintiff) at the same time as the balance of the purchase price is received, and shall cooperate with the registration procedure.

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