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(영문) 울산지방법원 2020.01.15 2019가합13076
매매대금반환 및 손해배상
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 26, 2017, the Plaintiff entered into a sales contract with the Defendants on the aggregate of KRW 11,802 square meters of the share of the Defendants as to the 18182/23604 square meters of the purchase price (hereinafter “instant sales contract”) with the Defendants, and paid the Defendants KRW 730,000,000 in total, including the down payment of KRW 180,000,000 on the same day (hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.

The remainder of KRW 1,607,500,000 as the down payment of KRW 180,000 for a real estate sales contract (land) shall be paid in October 26, 2017.

Article 2 (Transfer, etc. of Ownership) A seller shall deliver all documents necessary for the registration of ownership transfer to a 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 October 26, 2017.

Article 3 [Extinction of Restricted Real Rights, etc.] If there are grounds for restricting the exercise of ownership, such as mortgages, superficies, leases, etc. established on the said real property or there is any unpaid taxes, public charges and other charges, the seller shall remove the defects and burdens of the said rights and transfer full ownership to the buyer by

except in cases of rights and amounts agreed to succeed.

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of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.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 the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

1. The present contract is a sales contract under the present facility, and the certificate of registered matters is confirmed, and the contract is entered into.

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