logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.06.15 2016가합110131
매매대금반환
Text

1. The Defendant’s KRW 480,000,000 for the Plaintiff and 5% per annum from October 22, 2016 to June 15, 2017.

Reasons

(b) deliver all documents and cooperate in the registration procedures, and deliver on 31 August 2016 for the above real property;

Article 3 (Extinguishment of Rights, etc.) If there is any reason to restrict the exercise of ownership, or the shortage of public charges or other charges with respect to the real estate in question, the seller shall remove the defects and burdens of such rights and transfer the full ownership to the buyer by no later than the date of receipt

except in cases of rights and amounts agreed to succeed.

Article 6 [Non-performance of Obligations and Compensation for Damages] If a seller or a buyer has any non-performance of obligations under this contract, the other party shall notify in writing the person who has failed to perform the obligation and may rescind this contract.

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

[Matters of special agreement] * the ownership of the real estate of this case at the time of the sale of this case, among the real estate of this case, the D site and its ground buildings and E-ground buildings were owned solely by the defendant at the time of the purchase and sale of this case, but only the land of this case was owned by the defendant and F, the share of the defendant was 164/1924 as co-ownership by the defendant and F.

In the process of receiving the Plaintiff’s declaration of performance and the Defendant’s declaration of intention of cancellation and the Plaintiff’s declaration of non-performance and the entire certificate of registered matters on the E site after the payment of the intermediate payment, the Plaintiff, which became aware of the sharing relationship, was preparing for the remainder of 3.9 million won through C, and notified the Defendant to complete the registration of ownership transfer for the entire E site by arranging the sharing relation with the E site until August 31, 2016

Nevertheless, as the Defendant failed to adjust the co-ownership by the date of the remainder payment, the Plaintiff’s remainder to the Defendant on September 2, 2016.

arrow