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(영문) 제주지방법원 2018.06.14 2017가합397
계약금반환
Text

1. The Plaintiff, the Defendant Company B, the 217,600,000 won for Defendant C, the 214,400,000 won for Defendant C, and the 68,000,000 won for Defendant D.

Reasons

1. Facts of recognition;

A. On February 2, 2017, the Plaintiff and the Defendants entered into each of the instant sales contracts (hereinafter collectively referred to as “each of the instant sales contracts”) with respect to the land of 36,321 square meters in total owned by the Defendants (hereinafter “each of the instant lands”) and KRW 500 million in total, and KRW 1 billion in total intermediate payment of KRW 1 billion in total, until February 17, 2017, and KRW 3.5 billion in total, until February 1, 2018, each of the instant sales contracts (hereinafter collectively referred to as “each of the instant sales contracts”).

The sales contract of this case is 1: E. 6,386, Defendant B deposit 217,60,600,712 intermediate payment of 1,712,200,000 and 2,176,000,005 sales price of 1,987 and 10,000,000,000 and 2,176,000,000,000, 2,149, C deposit 214,40,000,005,000,000,000,000,000,06,00,00,00,06,00,00,06,00,00,00,00,06,00,00,000,06,000,06,000,06,063,06,06,06,06,06,06,064,06,06,06,26,06,06,0

B. On the same day, the Plaintiff paid the Defendants the sum of KRW 500 million (217,600,000 to Defendant B Co., Ltd., 214,400,000, and KRW 68,000 to Defendant D).

Article 3

1. The Defendants shall terminate (cancellation) all of the collateral security, (A) seizure, provisional registration, etc. established on each of the instant land before the remainder payment is received, and the Defendants shall also pay taxes and public charges incurred before the remainder payment is received.

2. The purchase of each of the instant lands shall change the name of the debtor in the name of the purchaser on the basis of the date of intermediate payment, and the purchaser shall bear the interest on the loan thereafter.

In this case, the loan loan shall be substituted by the balance to be paid to the defendants.

When the change of debtor's name is impossible, the plaintiff shall bear financial interest.

3. Ownership is registered in the name of the Plaintiff simultaneously with the payment of any balance.

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