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(영문) 부산지방법원 2015.04.24 2014나7855
매매잔금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim (including the part added in the trial) is all dismissed.

3...

Reasons

1. Basic facts

A. C is the owner of the building of 293 square meters in Busan Northern-gu and 293 square meters on its land (hereinafter “each of the instant real estate”). On March 19, 2013, C entered into a sales contract with the Defendant to sell each of the instant real estate to the Defendant (hereinafter “instant sales contract”) on behalf of the Defendant at KRW 1180 million (the contract amounting to KRW 40 million on the date of concluding the contract, and the remainder to KRW 1140 million on June 25, 2013), and C entered into a separate agreement with the Defendant regarding the instant sales contract, and obtained certification as a notary public by Ordinance No. 1626, Mar. 25, 2013, etc.

(hereinafter referred to as “instant certificate”). B.

Among the sales contract of this case and the certificate of this case, the contents related to this case are as follows.

Article 2 (Transfer of Ownership) of the sales contract of this case shall deliver all documents necessary for the registration of transfer of ownership to a purchaser at the same time as the balance of the purchase price is received, and shall cooperate with the registration procedure, and the delivery date of the said real estate shall be March 25, 2013.

Article 4 (Reversion of Profits, Taxes, Taxes, etc., generated with respect to each real estate of this case shall be borne on the basis of the date of delivery of the real estate concerned, but the liability for payment and liability for payment of local taxes shall be governed by the provisions of

① The maximum amount of the national bank (1,079,000,000) shall be set up with respect to the special agreement.

(3) The Plaintiff’s agent contract on behalf of the seller C. (4) The down payment shall be transferred to the account of the National Bank C.

Notarial Deed of this case

1. The Defendant shall bear C’s interest on a loan of KRW 830,000,000 from the construction date to the expiration date of the construction period.

2. When the defendant does not proceed with construction due to the defendant's non-inspection during construction, the defendant may demand C to do so.

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