logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원 2017.08.10 2016가단33703
매매대금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 24,00,000 and the interest rate of KRW 15% per annum from October 27, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On July 27, 2016, the Plaintiff purchased at the C-dong C-dong 660 square meters (hereinafter “the instant land”) in accordance with the division plan map in attached Form 1 among the 2,734 square meters, which are owned jointly by the Defendant and D, from the Defendant, at the C-owned Office of Real Estate, at KRW 120 million.

(2) The Plaintiff agreed to pay each of the remainder amount of KRW 12 million to the Defendant on August 10, 2016, and the remainder amount of KRW 58 million on August 30, 2016.

The main contents of the instant sales contract are as follows.

Article 2 (Transfer, etc. of Ownership) The seller shall, at the same time, deliver all documents necessary for the registration of transfer of ownership to the buyer and cooperate with the registration procedure, and the delivery date of the said real estate shall be August 30, 2016.

Article 3 (Extinguishment of Restricted Real Rights, etc.) If a cause exists to restrict the exercise of ownership, such as a right to collateral security, superficies, right to lease, etc. established on the said real estate, or there is any unpaid amount of taxes, public charges and other charges, the seller shall remove the defects and burdens of the said right

except in cases of rights and amounts agreed to succeed.

Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If the seller or the purchaser has defaulted on the terms and conditions of this Agreement, the other party may, in writing, notify the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party according to the termination of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

arrow