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(영문) 대구지방법원서부지원 2016.09.21 2016가단5522
매매대금등반환
Text

1. As to KRW 35,799,180 and KRW 30,000 among them, the Defendant shall pay to the Plaintiff the year from October 28, 2013 to April 21, 2016.

Reasons

1. Basic facts

A. On October 28, 2013, the Plaintiff and the Defendant entered into a sales contract with the effect that the Plaintiff shall pay KRW 250 million for the real estate listed in the separate sheet (hereinafter “instant commercial building”) from the Defendant, and that KRW 30 million out of KRW 250 million for the purchase price shall be paid on the date of the contract as the down payment, and KRW 30 million out of the remainder of KRW 220 million shall be substituted by taking over the obligation to refund the deposit to the existing lessee, and KRW 190 million shall be paid as of November 8, 2013 (hereinafter “instant sales contract”). The Plaintiff paid KRW 30 million for each contract to the Defendant as of November 7, 2013 (hereinafter “instant sales contract”).

B. On November 8, 2013, the remaining payment date, the Defendant, at the same time, intended to receive the remaining payment from the Plaintiff, and deliver all documents necessary for the transfer of ownership of the instant commercial building. However, the Plaintiff knew that the exclusive area of the instant commercial building was eight square meters, and determined the purchase price based on this. Since the exclusive area of the instant commercial building was merely seven square meters, the remaining price cannot be paid until the reduction in the exclusive area of the instant commercial building was made, and the remaining price was not paid.

C. On November 19, 2013, the Defendant urged the Plaintiff to pay the remaining amount to the Plaintiff by November 22, 2013. Accordingly, on November 20, 2013, the Plaintiff demanded that the Defendant pay the remaining amount reduced at the same time as the transfer of ownership should be paid upon the reduction of the purchase price.

On November 29, 2013, the Defendant notified the Plaintiff that the instant sales contract will be terminated unless the remaining amount is paid by December 5, 2013. The Plaintiff expressed that the Plaintiff did not intend to pay the remaining amount unless the purchase price is reduced and rejected the Defendant’s demand for the payment of the remaining amount.

E. On December 24, 2013, the Plaintiff filed a lawsuit against the Defendant (Tgu District Court 2013dan62596) seeking implementation of the procedure for the registration of ownership transfer of the instant commercial building, and this is accordingly.

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