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(영문) 수원지방법원 2016.05.26 2015가합60125
매매대금반환
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On August 4, 2014, the Plaintiffs entered into a contract with the Defendant and Sejong Special Self-Governing City to purchase KRW 68,132 square meters of forest E (hereinafter “instant land”) for the purchase price of KRW 618,30,000, with the brokerage of C and D, which is an intermediary, and the main contents thereof are as follows:

(hereinafter “instant sales contract”). KRW 100,000,000 for down payment: KRW 30,000,000 shall be paid on August 4, 2014, and KRW 70,000,000 shall be paid within August 30, 2014.

Any balance of 518,300,000 won shall be paid on November 14, 2014.

B. Of the down payment of KRW 100,000,000 under the instant sales contract, Plaintiff B paid KRW 30,000,000 on August 4, 2014; and Plaintiff A paid KRW 70,00,000 on August 30, 2014, respectively.

C. The Defendant did not pay the remainder by November 14, 2014. On November 17, 2014, the Defendant entered into the instant contract to pay the remainder of KRW 100,000,000 with the Plaintiffs and the down payment of KRW 100,000,000, and on December 15, 2014, entered into the instant contract to pay the remainder of KRW 418,30,000 (hereinafter “instant modified contract”), and the Plaintiff B paid KRW 100,000 to the Defendant on the same day.

The Plaintiffs and the Defendant added the following special terms to the instant amendment agreement:

(1) The Plaintiffs shall waive the contract deposit of KRW 200,000,000, which has been paid at the end of the remaining payment date, as penalty and terminate the contract.

② Down payment amounting to KRW 200,000,000: KRW 30,000,000 was paid on August 4, 2014; KRW 70,000,000 was paid on August 30, 2014; KRW 100,000,000 was paid on November 17, 2014; and both was paid on November 17, 2014.

③ Since the Plaintiffs were to enter into a new contract because they failed to pay the remainder under the instant sales contract, the sum of KRW 100,000,000 that was paid previously and KRW 1,00,000 that was paid on the date of the instant modified contract shall be the total contract deposit, and the instant sales contract shall be null and void.

E. The Plaintiffs did not pay the remainder to the Defendant by December 15, 2014.

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