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(영문) 서울동부지방법원 2019.08.09 2019가단111722
계약금 등 반환
Text

1. The Defendant’s KRW 71,00,000 as well as the Plaintiff’s annual rate of KRW 5% from February 20, 2019 to August 9, 2019.

Reasons

1. Facts of recognition;

A. (1) The Defendant is the owner of the instant real estate (hereinafter collectively referred to as the “instant real estate”) “Seoul Special Metropolitan City Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Metropolitan City 9.32 square meters, 49.32 square meters, 49.32 square meters, 52.02 square meters, hereinafter collectively referred to as “the instant real estate”).

(2) On July 28, 2018, the Defendant sold the instant real estate to the Plaintiff, and concluded a sales contract with the Plaintiff (hereinafter “instant sales contract”). At the time, the Plaintiff was represented by Do mother.

(hereinafter referred to as “Plaintiff”. Sales proceeds: 574,00,000 won: 20,000 won in advance (payment at contract): 20,000,000 won (payment at contract): 507,000,000 won (payment on January 5, 2019): Article 6 (Payment on January 31, 201) of the Sales Agreement (Payment on January 31, 201) or where the seller or the buyer has defaulted to the terms of the sales agreement of this case, the other party may cancel the sales agreement by giving written peremptory notice to the person who has defaulted, and may cancel the contract.

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

Special agreement: ① The sales contract for the current facility condition and the registration certificate was confirmed, and the contract was concluded.

② The sum of the lease deposits on the instant real property is to be succeeded to KRW 349.5 million (the actual amount shall be determined after confirmation of the contract) and shall be paid after deducting the balance of the purchase price from the time of payment.

(3) The intermediate payment and remaining dates shall be determined and paid through mutual consultation.

B. (1) According to the instant sales contract, the Plaintiff paid to the Defendant the sum of KRW 20 million on the date of the conclusion of the instant sales contract, KRW 20 million on July 30, 2018, KRW 13 million as part of the remainder on July 31, 2018, and KRW 23 million as part of the remainder on January 3, 2019.

(2) The defendant shall conclude the contract of this case.

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