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(영문) 서울중앙지방법원 2019.02.19 2017가합21294
전부금 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) A, including the conclusion of a sales contract with the Defendant, the seller, C, and the subject-matter of the sale was divided into 2,473 square meters prior to D in Won-si (29, Dec. 29, 2009; 1,408 square meters prior to D, and 1,065 square meters prior to E.

2) Each of the instant real estates is 102 square meters prior to F (hereinafter “each of the instant real estates”).

(2) The sales contract (No. 2) stating that the sales price is KRW 351 million (the contract amounting to KRW 15 million, the intermediate payment of KRW 135 million at the time of the contract, the intermediate payment of KRW 100 million on July 10, 2007, and the balance of KRW 21 million on January 30, 2008) is the sales contract (No. 2 of the A, the instant sales contract).

A) Around May 8, 2007, the part relating to this case in the entry in the sales contract of this case relating to the subject matter is as listed below. The parcel number, land category, size, and use of each real estate of this case are as listed in the following table: The parcel number, land size, structure and use of each real estate of this case are as follows: Although it is unclear whether it is about 2,575 square meters ( approximately 283,283,000 square meters) before 2,575 square meters ( approximately 283,000

= 934С) Article 3 of the exclusive lot of land (Responsibility of Seller) shall be designated as a clerk on 2007 as a day of 207.

Section 8. In the event that the seller has breached this contract, the buyer shall pay two times the down payment to the buyer, and if the buyer has breached the contract, the down payment shall be null and void and shall not claim the return thereof.

1. It shall complete the conversion of the above area into a site of 934 square meters among the area of 2,575 square meters;

2. A written consent to the use of land shall be issued even before the remainder is newly constructed; and

2) The Defendant received both the down payment and the intermediate payment pursuant to the instant sales contract, and the Plaintiff asserted that the specific date and amount of the intermediate payment (135 million won) was paid in KRW 87 million on July 20, 2007, KRW 4 million on September 22, 2008, and KRW 4 million on January 5, 2009, and the Defendant did not explicitly dispute this. The Defendant received KRW 91 million on November 25, 2009. Each of the instant real estate was paid in KRW 1 million on the remainder by November 25, 2009. The land category of each of the instant real estate has not been changed to the site until now. (b) The Plaintiff, as the obligor, made the Plaintiff as the Plaintiff.

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