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(영문) 서울남부지방법원 2014.01.16 2013가합4297
계약금반환
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 27, 2009, the Defendant entered into a real estate security trust agreement with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) on January 3, 201, and completed the registration of ownership transfer on the grounds of trust in the future of the same company, between the Defendant and the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”).

B. On May 11, 2010, the Plaintiffs entered into a sales contract with the Defendant to purchase the instant real estate in KRW 9.2 billion (hereinafter “instant sales contract”) and the key contents thereof are as follows.

The sales contract of this case

1. Total purchase amount: 9.2 billion won;

2. Contract deposit: 700 million won.

3. Part payments: Six billion won (payment within 45 days from the contract date);

4. Balance: 2.5 billion won (payment within 150 days from the date of a contract).

5. Upon the payment of intermediate payment, the Defendant has registered the transfer of ownership of land and buildings to the Plaintiffs, and the Plaintiffs have established the second priority collateral security right to the Defendant with the payment guarantee for the remainder.

Provided, That at the time of an intermediate payment loan, the part payment shall be paid in full when the part payment loan of this article exceeds the part payment 6 billion won.

6. The above sale and purchase transfer of land and buildings will be made to the Defendant only to sell and purchase the present building and land as it is with the goods at the auction from the astronomical Court.

7. The plaintiffs are responsible for, and resolve all matters such as business rights and access roads for the business of this article, and run their business by resolving all civil and criminal matters.

8. The Plaintiffs should not take any measure or act, such as on-site work, in no case.

Provided, That the preparation work for cleaning and construction resumption may be performed with the approval of the defendant and the plaintiffs.

9. The plaintiffs' intermediate payments are made.

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