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(영문) 부산지방법원 동부지원 2018.01.19 2017가합102937
계약금 등 반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant is a legal entity that sells and leases real estate. On October 20, 2016, the Plaintiff is a legal entity that sells and leases real estate. The Plaintiff is a real estate indicated in the separate sheet (hereinafter “instant real estate”) between the Defendant and the Defendant, as well as the building site and buildings, and if only a building, the instant officetel is called “instant

2) The sales contract to purchase the purchase price of KRW 1.8 billion (hereinafter “instant sales contract”) is a sales contract.

The main contents are as follows. The seller and the buyer agree to pay the purchase price as follows with respect to the sale of the above real estate: 1.8 billion won and the down payment: 1.80 million won (the first down payment KRW 100 million on the date of the contract, and the second down payment KRW 8,000 on October 21, 2016) and the intermediate payment: KRW 200 million shall be paid on November 30, 2016. Any balance: 1.420,000 won shall be paid on February 28, 2017.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

-special agreement -

3. Rent shall require the seller to assume the responsibility until the buyer is able to take over the building;

(80%) 4. As regards the above paragraph 3, the transfer of ownership (the date of remaining payment) may be changed to the said date, depending on the progress of completion and lease.

5. The settlement of monthly rent shall be calculated by dividing it by 30 days, and the buyer's rent shall revert to the seller by the date on which the balance is paid; and

Expenses for the management of public charges, etc. related to financial costs and buildings shall be borne by the seller and the date of the buyer's balance payment.

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