(영문) 의정부지방법원고양지원 2015.08.21 2013가합53564

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(영문) 의정부지방법원고양지원 2015.08.21 2013가합53564

매매대금반환

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1. The Defendant’s KRW 90,000,000 as well as 5% per annum from December 12, 2013 to August 21, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On January 21, 1998, the Defendant completed the registration of ownership transfer in its name with respect to C Forest land of 19,983 square meters (hereinafter “instant real estate”).

B. On April 2, 2011, E, a real estate broker D and E, a real estate broker, had assisted the real estate brokerage business, prepared a sales contract with the Defendant on the instant real estate (hereinafter “the sales contract of this case”) stating that: (a) the seller of the instant real estate, the Plaintiff, the buyer, the buyer, the sales price of KRW 60,00,000, the down payment of KRW 15,000,000, the down payment of KRW 15,000,000 on the date of the contract, the intermediate payment of KRW 15,00,000 until July 31, 201; and (b) the seller shall pay the remainder of KRW 30,00,000 until September 30, 201; and (c) the seller shall deliver all documents necessary for the registration of the transfer of ownership to the buyer; and (d) shall deliver the instant real estate to the buyer on the remainder of payment date; and (c) E is a nominal buyer, and actually is a sole buyer;

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.

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

The problem of transfer of a cemetery in the real estate of this case, which is subject to a special agreement, shall be the period for which the seller is responsible, but may be changed by mutual agreement on December 30, 201.

C. D paid three copies of the 10,000,000 won check from the Plaintiff to the Defendant as down payment on April 2, 201, which was the date of the preparation of the first sale contract of this case, and KRW 30,000,000, out of the amount received from the Plaintiff, as part payment.

E As the Plaintiff’s agent qualification, on April 2, 201, the Defendant on September 2, 2011.

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