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(영문) 수원지방법원여주지원 2019.05.15 2018가합6012
매매대금반환
Text

1. The defendant is paid KRW 450,000,000 from the plaintiff, and at the same time the plaintiff is paid KRW 9,918,00,00.

Reasons

1. Basic facts

A. 1) On June 20, 2017, the Defendant: (a) sold 9,954 square meters of woodland D 99,954 square meters in Gyeonggi-gu to the Plaintiff on June 20, 2017; (b) prepared a real estate sales contract with the following contents (hereinafter “instant sales contract”).

(b) A real estate sales contract;

1. Indication of real estate: 9,918 square meters among the 99,954 square meters of forest land in Gyeonggi-gun;

2. As to the sale of the above real estate, Article 1 (Purpose) of the Terms and Conditions of the Contract, the seller and the buyer, by agreement, shall pay the sales amount as follows:

The sales price of KRW 750,000,000 for down payment of KRW 300,000 for down payment of KRW 100,000 for the intermediate payment of KRW 350,000 for the outstanding payment of KRW 350,000 for August 31, 2017 shall be transferred to the buyer by removing the defect and burden of the right, if there is any ground to restrict the exercise of ownership, such as mortgage, superficies, lease, etc. established on the said real estate, or if there is any unpaid tax and other charges, the seller shall transfer to the buyer full ownership by removing the defect and burden of the right until the balance is received.

except in the rights and amounts agreed to succeed.

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

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.

Article 8 (Matters of Special Agreement) The same shall apply to each special agreement.

A seller: The seller: The land subject to the sale of this Agreement 2. (Divided Sale and Location) No. 2. (Division and Location) shall be 9,954 square meters of forest land and 99,954 square meters ( approximately 30,236 square meters) located in D, and the location shall be specified as “A” in attached drawings 1.

3.(Sales proceeds, transfer of names, etc.)

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