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(영문) 서울중앙지방법원 2020.05.13 2019나11066
매매대금반환
Text

1. All of the plaintiff's claims that the court changed in exchange are dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. (1) On October 2008, the Plaintiff entered into a contract with the J (hereinafter “J”) on December 2, 2008, to purchase KRW 621 square meters (188 square meters) out of the land owned by the J (hereinafter “C”) of the Gangwon-do Hongcheon-gun D Co., Ltd. (hereinafter “C”) at KRW 84.6 million (hereinafter “instant contract”). The main contents of the contract are as follows.

Article 1 Section B (referring to "Plaintiff"; hereinafter the same shall apply) shall refer to "A" (referring to "J"; hereinafter the same shall apply) to pay the purchase price as follows:

-the down payment of eight million won shall be paid at the time of the contract, the intermediate payment of thirty-six million won shall be paid on December 12, 2008, and the balance of forty million won shall be paid on January 5, 2009.

Article 2 In selling this land, Section A shall require Section B to confirm all the documents and procedures of the land and enter into a contract with Section B, and no objection is raised as the contract is concluded with both parties.

Article 3 Section 3 (B) shall provide documents necessary for the registration and development requested by A as soon as possible after entering into a contract, and upon receiving any balance of the purchase price from B, A shall complete the registration of transfer of ownership with a certified judicial scrivener designated by A under agreement with B.

At this time, B may separately designate the title holder of the registration, and A does not raise any objection.

Article 4 (A) The term "A" means analyzing the rights, consulting, and managing B until the land is sold, and after the transfer of ownership on the object of the contract, A does not have any obligation to guarantee or bear any profit or loss from the change of land price to B, and the result shall revert to B.

The reduction rate for co-ownership share (road) under Article 6 may be applied, and it shall be stated separately.

-no road depreciation rate is available, but a new lot number shall be assigned at the time of partition surveying.

An increase or decrease may be made at the time of the practical survey.

- B consent to the use of land at any time when A wishes to use land due to development, etc.

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