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(영문) 광주지방법원목포지원 2019.11.06 2019가단51117
매매대금반환
Text

1. The Defendant’s KRW 50,000,000 and its amount shall be 15% per annum from March 30, 2019 to May 31, 2019 to the Plaintiff.

Reasons

1. On November 30, 2018, the Plaintiff entered into a sales contract with the Defendant to purchase real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant (hereinafter “instant sales contract”) and paid down payment KRW 50 million as follows.

1. Real estate indicated in this case;

2. Under the agreement of both the seller and the buyer, the above real estate under Article 1 of the terms of the contract will be entered into as follows:

Article 2 In the sale of the above real estate, the buyer shall pay the purchase price as follows:

The purchase price: The payment date of gold bullion0 million won (480,000,000): The payment date of gold million won (50,000,000): November 30, 2018: The remainder: the payment date of gold KRW KRW 430,000 (430,000,000): The name map of the above real estate under Article 3 of the Act on March 4, 2019 shall be March 4, 2019.

Article 4 The seller shall pay to the seller the debts and taxes and public charges related to the real estate as of the date of the remainder payment.

Article 5 The seller shall deliver all documents necessary for the ownership (registration) to the seller at the time of receipt of the balance, and shall cooperate in the registration of transfer.

Section 6 of this Agreement shall reimburse the seller of the down payment at the time of the down payment, and the buyer shall waive the down payment at the time of the down payment and shall not claim the return thereof.

CD E [Ground for recognition] without dispute, entry of Gap evidence 1-1 to Gap evidence 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion and the Defendant: (a) under Article 3 of the Special Agreement at the time of the conclusion of the instant sales contract (hereinafter “the instant Special Agreement clause”), the Plaintiff and the Defendant stipulated that “C’s surrender of the lessee is liable for the seller’s surrender and the remainder is paid after the seller’s surrender. If the procedure is not fulfilled, the down payment shall be refunded”; (b) the instant Special Agreement clause clearly states that the Defendant’s reputation obligation is more preferentially than the Plaintiff’s obligation to pay the remainder; and (c) the said order also fails to fulfill the obligation until March 4, 2019, which is the date on which the contract was concluded.

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