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(영문) 대구지방법원 2014.09.18 2013가합204694
매매대금반환
Text

1. The defendant is paid KRW 8,547,285 from the plaintiffs, and at the same time the defendant is written in the separate sheet to the plaintiffs.

Reasons

1. Basic facts

A. 1) On November 10, 2003, the Plaintiffs entered into a sales contract with respect to each real estate listed in the separate sheet, E, the Defendant’s agent, and each real estate listed in the separate sheet, as follows (hereinafter “instant sales contract”).

(1) The sales amount of KRW 460,000 shall be determined as follows. (1) The sales amount shall be KRW 460,000.

2) The contract deposit shall be payable to the seller at the same time as this contract is executed at 50,000,000 won. 3) The buyer shall pay the intermediate payment at 200,000,000 won to the seller.

4) Any balance shall be paid in 210,000,000 won to the seller by January 10, 2004. The seller under Article 4 (Registration, etc. of Ownership) shall provide the buyer or any person designated by him/her with all the documents concerning the delivery of the sale goods and the registration of transfer of ownership due to the simultaneous performance, in which the buyer has received the full payment of the purchase price, and shall cooperate with the buyer in the procedure for registration of transfer of ownership. Article 5 (Liability of the Seller)1) If there is any defect impeding the buyer’s mortgage, superficies, easement, easement, lien, establishment of lease and other complete exercise of ownership, as well as any defect impeding the buyer’s exercise of ownership, the seller shall transfer the full ownership by removing all the defect and burden of the principal and interest and other charges until the date agreed under Article 2 above.

2) Since all rights mentioned in the preceding paragraph have been created, defects, burdens, and other acts impeding the exercise of ownership, the seller shall be liable for the subsequent sale of goods if there is any interference with the exercise of ownership, and at any time, shall comply with the buyer’s request to resolve the problem (Provided, That the fulfillment of chonsegwon is substituted by an agreement of lease on a deposit basis submitted by the seller.

(b).

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