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(영문) 수원지방법원 2017.09.08 2016가단10373
매매대금
Text

1. The Defendant: (a) KRW 36,00,000 to Plaintiff B, as well as 5% per annum from March 31, 2016 to September 8, 2017, respectively.

Reasons

1. Facts of recognition;

A. On or around March 27, 2010, the Plaintiff A and C are co-owners of the instant land if they were to be tightly described in the ownership of the Defendant, E, F, and the Defendant.

The sales contract for the land of approximately KRW 967,00, including part of the Hancheon-gun G Forest (hereinafter “instant land”), was concluded, and the Defendant’s agent paid KRW 30,000,000 to H on the same day.

B. On April 6, 2010, Plaintiff B appears to be part of the object of the sales contract concluded between Defendant and the Plaintiff A and C on March 27, 2010, which was part of the instant land.

The sales contract was concluded in the amount of KRW 68,000,000, and the defendant's agent paid KRW 6,000,000 for the same day, and the intermediate payment of KRW 30,00,000 to the defendant's agent on May 6, 2010.

C. On June 8, 2010, the Plaintiffs entered into a sales contract with Defendant, E, and F (Representative H) on approximately KRW 967,00 (hereinafter “instant sales contract”) with respect to the total purchase price of approximately 312,00,000 square meters including part of the instant land, and paid KRW 66,00,000 in total as the down payment for the instant sales contract. The Plaintiffs agreed to each of the intermediate payment of KRW 150,000 (payment date), the remainder amount of KRW 96,00,000,000, respectively.

(1) The period for the performance of the balance (after obtaining authorization or permission) by parcel after the completion of part payments shall terminate within five days.

(2) Expenses incurred in granting permission for forests and farmland in 1, 2, 3 and 4 at the time of the payment of part payments refers to the agent of the defendant on his/her behalf.

It shall be ordered to the relevant agency and shall be responsible for the authorization and permission.

Provided, That the cost of one of the three authorizations per one shall be responsible for the buyer.

(3) A mandatary shall execute his/her responsibility for the infrastructure of the land sold in lots after the completion of authorization or permission within 15 days after the remainder payment of the electric/ telephone intermediary construction works, sewage pipes, excellent pipes, etc. of the land for sale in lots, four access roads to the land for sale in lots, including the land for sale in lots permitted.

(4) A mandatary shall be responsible for the closed road.

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