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(영문) 서울동부지방법원 2019.09.25 2019나21851
매매대금반환
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall have the ground floor among the buildings indicated in the attached Form 93.

Reasons

1. Basic facts

A. On May 10, 2017, the Plaintiff and the Defendant agreed to pay the Defendant the remainder of KRW 725 million paid up to October 31, 2017, when the Plaintiff received down payment of KRW 145 million and the intermediate payment of KRW 50 million until May 20, 2017, as well as the building indicated on real estate attached thereto (hereinafter referred to as the “instant building”) owned by the Plaintiff, for the purchase price of KRW 1.45 billion, and the said building and the said land together with the said building and the land.

(hereinafter “instant sales contract”). B.

The details of the instant sales contract are as follows.

Before the Defendant pays the intermediate payment to the Plaintiff, the Plaintiff shall reimburse the amount of the down payment, and the Defendant may waive the down payment and rescind each of the instant sales contracts.

(Basic Matters) The Plaintiff and the Defendant shall give written notice and rescind the contract in the event that the other party fails to perform the instant contract, and may claim damages following the rescission of the contract, and the amount of damages shall be based on the down payment, unless otherwise agreed.

(Basic Matters) Article 6. The tenant of the instant building (hereinafter “Lessee”) shall move within October 31, 2017, which is the date on which the Plaintiff is responsible and the remainder payment is due, and shall repay the cancellation of the contract and the amount of the down payment pursuant to Articles 5 and 6 of the instant sales contract at the interest of the United States.

Provided, That among commercial buildings, tenants (titlers) who wish to preserve the term of lease under Acts and subordinate statutes may be excluded.

(Special Agreement No. 1). If a dispute arises between a lessee and a plaintiff, the plaintiff shall assume all responsibilities.

(Special Agreement No. 2). A lessee shall be deemed to move before October 31, 2017, which is the outstanding payment date, and if the relocation is completed, the remainder payment date may be earlier than the said date.

(Special Agreement No. 3). The Plaintiff is required to register transfer of ownership immediately after the conclusion of the instant sales contract.

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