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(영문) 의정부지방법원 2015.08.21 2014가합54004
매매대금반환
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 110,00,000 as well as the full payment from September 5, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. C and the Defendant’s sales contract 1) In order to construct housing with the introduction of D around March 2013, 2013, C refers to 3,000 square meters out of 27,273 square meters of E forest land in Pakistan (hereinafter “E Forest”) and 3,000 square meters among them.

C) On March 22, 2013, “C, L, and M jointly purchase the instant land at KRW 300 million,” and the buyer’s share in “C, L, and M is 2,000 square meters,” written a real estate sales contract (Evidence 2-1 of A), and paid the Defendant the down payment amount of KRW 50 million on the same day.

3) Thereafter, for the convenience of the authorization and permission process, C drafted a real estate sales contract (No. 2-2 of the evidence A) with the Defendant stating that “C alone purchases the instant land in KRW 300 million,” and the payment of the purchase price was made at the time of the contract, and the first intermediate payment of KRW 50 million is paid at the time of the contract, and the second intermediate payment of KRW 50 million is paid on May 20, 2013, and the second intermediate payment of KRW 50 million is agreed to comply with the following special agreement (hereinafter referred to as “instant sales contract”).

(b) Matters specially agreed;

1. A seller shall take the responsibility for necessary use problems of roads (authorization and Permission) owned by the Korea Forest Service;

2. At the time of the payment of the first intermediate payment, the seller has prevented the buyer from transferring his name, and the buyer, opposite to the seller, has set up a collateral against the balance.

A seller shall entrust part of part of part payments to a designated certified judicial scrivener and handle it as cancellation expenses.

3. A seller provides a buyer with all documents necessary for road problems and authorization and permission (all documents necessary for co-owners' consent and authorization and permission) until the second intermediate payment, and the buyer shall pay an intermediate payment immediately.

4. The seller shall leave the total amount of the second part to the designated certified judicial scrivener.

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