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(영문) 수원지방법원 2017.06.27 2016가합81754
매매대금반환
Text

1. The Defendant made from the Plaintiff on April 18, 2012 with respect to B forest land B 14,380 square meters.

Reasons

1. Basic facts - Special agreements (hereinafter referred to as “paragraphs 1 and 2 of the Special Agreement”) -

1. To ensure the full transfer of ownership by removing all of the ground objects before the full payment of the remainder is disposed of, but if a seller requests it and a purchaser expropriates it, the relocation of part of the grave may be deferred, in extenuating circumstances on the part of the seller;

Provided, That the relocation of all graves shall be completed after the purchaser's proper development purpose project (authorization and permission) and before the creation of a golf course, and all kinds of relocations and related expenses shall be borne by the seller.

2.The above-mentioned content of paragraph 1 is an agreement between the buyer and the seller on its entirety and, regardless of the above-mentioned content, the buyer shall, in principle, dispose of in full on the date of the remaining payment. A.

On April 18, 2012, the Plaintiff sold 14,380 square meters of B forest land (hereinafter “instant forest”) to the Defendant on KRW 957,700,000,000,000,000 for the contract date, intermediate payment of KRW 25,839,000,000,000,000 for the contract date, and the intermediate payment of KRW 250,000,000,000 for the remainder payment of KRW 629,00,000 on November 22, 2012, and agreed as follows:

(hereinafter “instant sales contract”). B.

Accordingly, the Defendant paid the Plaintiff the down payment of KRW 95.7 million on the day of the contract, and the intermediate payment of KRW 25.839 million on August 14, 2012, respectively.

【Fact- without dispute over the ground for recognition, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion is that the Defendant shall pay to the Plaintiff the remainder of KRW 629.1 billion and the damages for delay.

B. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the remainder of KRW 629.1 billion based on the instant sales contract and the damages for delay from November 23, 2012, which is the day following the outstanding payment date.

3. Judgment on the defendant's defense

A. The Defendant’s assertion is based on the instant sales contract.

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