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(영문) 대구지방법원 경주지원 2018.09.28 2017가합2274
소유권이전등기
Text

1. The Defendant’s KRW 770,000,000 as well as 6% per annum from August 17, 2017 to September 28, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 2, 2015, C Co., Ltd. decided to purchase each of the real estate listed in the separate sheet, which is owned by the Defendant, from the Defendant, for KRW 2.6 billion, and drafted a real estate sales contract (Evidence A No. 1; hereinafter “instant sales contract”) with the following details.

Real estate sales contract

2. The purchase price of Article 1 of the Contents of Contract: 2.6 billion won: 2.6 billion won shall be paid at the time of the contract and the intermediate payment to be received: The balance of KRW 1.94 billion (the time of payment shall be stated in the following special agreement): The seller shall pay the double of the down payment to the seller before the buyer pays the intermediate payment to the seller (the time of payment shall be stated in the following special agreement) 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 notify in writing the person who has defaulted on the contract and rescind the contract.

In this case, the down payment shall be a penalty, and the parties to the contract may separately claim damages from the termination of the contract to the other party.

[Matters of Special Agreement]

1. At the time of concluding a contract, each down payment shall be made on February 29, 2016, when the buyer gives notice that all issues, such as loans, provisional registration, taxes, etc. for the full use of the land subject to sale and purchase, and at the same time, the transfer of ownership is made by the buyer through banking operations within one month from the time when the seller gives notice that all issues, such as loans, provisional registration, taxes, etc., can be arranged, and the balance shall be paid respectively on February

5.The Shasaw factories currently in operation in the land subject to sale will be agreed upon by the seller and the purchaser jointly with the present operator, but even if the agreement is not reached, the current operator will be guaranteed the current operator's right to operate by the end of this year.

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