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Reasons
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(영문) 울산지방법원 2019.08.28 2016가단26241
매매계약해지로 인한 매매대금반환
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1. All of the plaintiffs' lawsuits against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 6, 2006, Plaintiff A entered into a sales contract with the Defendants on March 6, 2006, with the introduction of Plaintiff A (hereinafter “G”), setting the purchase price of KRW 769,00,000 (the contract amount of KRW 30,000,000 at the time of contract, the intermediate payment of KRW 10,000,000,000 at the time of payment, and the remainder payment of KRW 100,000,00 as each payment on May 10, 2006 (hereinafter “instant sales contract”).

According to the instant sales contract, (1) Before the buyer pays the intermediate payment (in the absence of the intermediate payment agreement, the seller shall pay the down payment in an amount equal to the advance payment, and the buyer may waive the down payment and rescind the contract (Article 6 of the instant sales contract and the rescission of the contract). (2) In the event of the seller or the buyer’s default on obligations under this contract, the other party may demand in writing the person who has failed to perform the obligation and rescind the contract (Article 7, default and damages, and paragraph (1)), and in the event of the rescission of the contract, the seller and the buyer, respectively, may claim damages against the other party, and

(2) of the same section. (b)

Plaintiff

A on March 6, 2006, the date of the instant sales contract, paid KRW 30,000,000 for the down payment under the instant sales contract to Defendant C, and on the same day, remitted KRW 100,000 to Defendant C’s deposit account through H.

C. Since July 27, 2012, the Defendants issued the instant land to J on the same year as regards the instant land.

5. 31.The registration of ownership transfer was completed on the ground of sale. D.

Plaintiff

A On October 25, 2015, between Plaintiff B and Plaintiff B, Plaintiff A claimed the return of the down payment, etc. based on the instant sales contract that Plaintiff A had against the Defendants.

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