logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2014.05.14 2012가합5779
계약금반환
Text

1. The defendant shall receive KRW 1,520,941,150 from the plaintiff, and at the same time, shall be stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On June 1, 2012, the Plaintiff entered into a sales contract with the Defendant to purchase each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from the Defendant for KRW 1,690,941,150 (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows.

The indication of property under the contract for the sale and purchase of public property - The land shall be sold to the Plaintiff in the amount of KRW 16,90,000,000,000,000 won (16,909,411,50 won) in the amount of KRW 16,000,000,000,000,000,000 won.

Article 2 (1) The Plaintiff shall pay the purchase price under Article 1 in the amount of KRW 170,000,000 ($170,000) which is the day when the contract is concluded, and shall pay the balance in the amount of KRW 1,520,000,000 ( KRW 1,520,941,150) not later than July 31, 2012.

(2) Where the proceeds from sale are paid after the expiration of the payment deadline under paragraph (1), the defendant shall pay the proceeds from sale along with the overdue charge under Article 80 of the Enforcement Decree of the Public Property and Commodity Management Act.

(1) A contract bond under Article 2 shall be deemed to have been paid as the proceeds from sale when the balance of the proceeds from sale is paid.

(2) In cases of temporary payment, a contract bond under Article 2 shall be deemed paid at the time the total amount of the sale price is paid.

Article 4 The defendant shall take necessary measures to ensure that the plaintiff can transfer his/her right to the property sold to the plaintiff under the contract, such as transfer of ownership.

Article 6 (1) When the defendant falls under any of the following subparagraphs, the plaintiff may rescind this contract:

1. When the sale price is not paid by the designated date, when the contract is cancelled pursuant to Article 7, Article 6, the plaintiff shall waive the contract bond and immediately return the property to the defendant, and shall restore the property to its original state and compensate for damages.

arrow