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(영문) 창원지방법원통영지원 2016.11.30 2016가합10069
매매대금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. As to the real estate listed in the separate sheet No. 1, Defendant B completed the registration of ownership transfer due to the sale on August 25, 2010, and completed the registration of ownership transfer on April 18, 2012 with respect to the share of 6826/4705, Defendant Lone Star Construction Co., Ltd. (hereinafter “Defendant Lone Star Construction”), the said real estate was jointly owned by Defendant B and Defendant Lone Star Construction.

Attached Form

The list 2 to 5 real estate completed the registration of ownership transfer due to the sale on February 13, 2012 by Defendant C, and the attached list 6 real estate was owned by C on June 7, 2012 by reason of sale.

(hereinafter referred to as the above real estate is indicated in the same manner as the "real estate No. 1 of this case" in accordance with the sequence stated in the separate sheet, and it is commonly called "each of the real estate of this case".

On December 22, 2014, the Plaintiff decided to purchase each of the instant real estate from the Defendants in KRW 3,400,000,000,000, while paying KRW 100,000 for the first down payment on December 22, 2014; KRW 100,000 for the second down payment on January 22, 2015; KRW 100,000 for the third down payment on February 22, 2015; and KRW 100,000 for the third down payment on February 22, 2015; and KRW 3,100,00 for the remainder payment on June 22, 2015.

(hereinafter “instant sales contract”). C.

Article 5 of the above sales contract provides that "the seller shall deliver all documents necessary for ownership (registration) to the buyer at the time of the receipt of the balance, and shall cooperate with the registration of transfer," and Article 6 of the above sales contract provides that "the seller shall reimburse a double of the down payment in the event of a default by the seller, and the buyer shall waive the down payment and not claim the return of the down payment

In addition, Article 2 of the Special Terms and Conditions of the above sales contract provides that the seller shall succeed to the buyer from the date of the third payment of the down payment on February 22, 2015, and Article 4 provides that the seller shall succeed to the buyer from the date of the third payment of the down payment.

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