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(영문) 부산지방법원 동부지원 2018.09.19 2017가단215959
매매대금반환
Text

The defendant's KRW 52,500,000 and the annual interest thereon from April 29, 2017 to September 19, 2018 to the plaintiff.

Reasons

1.Article 1 of the sales contract of a real estate (family housing) with the recognition of the fact that the seller and the buyer agree to pay the sales price for the sale of the real estate as follows:

The purchase price: The purchase price: The daily payment shall be paid at the time of the contract and the receipt shall be made at the time of the contract, and the seller shall cancel the payment by the date of the remainder payment.

Part payments: The payment shall be made on April 28, 2017 by the Ocheon Government.

Balance: The remainder shall be paid on August 28, 2017, in the amount of KRW 1,00,000.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the registration of ownership transfer to the buyer at the same time as the balance of the purchase price is received, and shall cooperate with the registration procedure, and the date of delivery of the said real estate shall be August 28, 2017.

Article 3 (Extinguishment of Restricted Real Rights, etc.) If a cause exists to restrict the exercise of ownership, such as mortgage, superficies, right of lease, etc. established on the said real estate, or if there is any unpaid tax, public dues and other charges, etc., the seller shall remove the defects and burdens of the said rights,

except in cases of rights and amounts agreed to succeed.

Article 4 [Local Taxes, etc.] Reversion of the profits generated on the above real estate and the burden of taxes, public charges, etc. shall be based on the date of delivery of the above real estate, but the liability for payment and liability for payment of local taxes shall

Article 5 [Cancellation of Contract] Before the buyer pays the intermediate payment (if there is no intermediate payment, the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

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of this Agreement, the other party shall be notified in writing to the person who has defaulted and the contract may be rescinded.

In addition, the parties to the contract shall terminate the contract.

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