(영문) 부산지방법원 2018.09.06 2017가단4658

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(영문) 부산지방법원 2018.09.06 2017가단4658

부당이득금반환등

Text

1. The plaintiff (Counterclaim defendant)'s main claim is all dismissed.

2. The Plaintiff (Counterclaim Defendant) is jointly and severally liable.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 23, 2015, 201, E company E, 315.9 square meters and its ground buildings (hereinafter collectively referred to as “instant real estate”) are real estate owned by Defendant C, which completed the registration of ownership transfer in the future of Defendant C on December 23, 2015.

Real estate sales contract;

1. Location of real estate: The map for the use of the Felur building and land in the Gu/Si/Gu city E: Lodging, recreation, root;

2.Article 1 of the Terms and Conditions of the Contract / [Purpose] Payment shall be made as follows:

The purchase-price amount: 1,125,000,000 won and 38,000,000 won shall be paid and received at the time of the contract, and the purchaser succeeds to the payment at the time of the contract: 1,000,000 won and 5,000,000 won. The payment shall be made on January 25, 2017 at the time of the purchaser’s succession to the remainder: 82,00,000 won: 82,000,000 won and 82,000 won. The seller shall deliver all the documents necessary for the registration of transfer of ownership to the purchaser at the time of the receipt of the balance of the purchase price, and the date of delivery of the said real estate shall be January 25, 2017.

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 may rescind the contract by giving written peremptory notice to the person who is liable to default.

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.

§ 7. [Mediation Remuneration] No practicing licensed real estate agent shall be liable for the default of this contract by the seller or the buyer.

In addition, the brokerage remuneration shall be paid by both parties to this contract and to the same end, and the brokerage remuneration shall be paid even if this contract is null and void, cancelled or cancelled without the intention or negligence of the practicing licensed real estate agent.

[Matters of Special Agreement]

1. This Agreement shall be confirmed on the spot and all of the official documents and shall be sold to the seller.

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