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(영문) 서울서부지방법원 2016.01.21 2015가합35133
매매대금반환
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 190,000,000 and the interest rate thereon from November 11, 2015 to the date of full payment.

Reasons

Facts of recognition

The following facts are deemed to have been led to the confessions by Defendant B and D (Article 150(3) and (1) of the Civil Procedure Act), and may be acknowledged against Defendant C by considering the overall purport of the pleadings as a whole.

Article 3 (Extinguishment of Restricted Real Rights, etc.) If a reason exists to restrict the exercise of ownership, such as a mortgage, superficies, right of lease, etc. established on the said real estate, or there is any unpaid amount of taxes and other charges, the seller shall remove the defects, burdens, etc. of such rights and transfer the full ownership to the buyer

except in cases of rights and amounts agreed to succeed.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has defaulted on the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted on the contract and may cancel the contract.

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

Matters of special agreement

2. The order of surrender on the current article shall be the seller's liability until the balance date.

3. All kinds of loans, seizure 1, collateral 3, superficies 1, and all kinds of taxes on the current certified copy of the register shall be liable by the seller until the remainder date.

On February 6, 2015, Defendant B concluded a sales contract with respect to the purchase price of KRW 1.26 billion with respect to the land of KRW 561.4 square meters (hereinafter “instant land”) with respect to the Plaintiff, E, and the said Defendant-owned land (hereinafter “instant sales contract”).

At the time of the above sales contract, the Plaintiff and E agreed to pay the remainder KRW 80 million on March 20, 2015 on the date of the contract, and the intermediate payment KRW 100 million on March 20, 2015, and the remainder KRW 1180 million on May 6, 2015.

The relevant contents of the instant sales contract are as follows.

The Plaintiff is the Plaintiff.

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