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Reasons
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(영문) 광주지방법원순천지원 2019.01.17 2018가합11429
계약금반환등
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1. The Defendant: (a) 200,000,000 won to Plaintiff A and 5% per annum from July 12, 2018 to January 17, 2019; and (b).

Reasons

1. Basic facts (applicable for recognition: non-strifeed facts, Gap evidence 1 through 8 (including paper numbers, hereinafter the same shall apply);

(ii) the statements in Category B 1 and 2, the witness E’s testimony, the purport of the entire pleadings

A. On April 18, 2018, Plaintiff A entered into a contract with the Defendant to purchase F land, buildings thereon, and G land (hereinafter “instant real estate”) in the amount of KRW 420 million as follows (hereinafter “instant contract”). On April 18, 2018, Plaintiff A paid down payment KRW 80 million to the Defendant.

Real estate sales contract

2. Sales price: The balance of KRW 80,000,000 (420,000): The seller’s payment date of KRW 80,000 (80,000) on April 18, 2018 shall be the payment date of KRW 340,000 (340,000,000) and the seller’s payment date of KRW 340,000 (340,000) shall be the due date of June 18, 2018 shall be the seller’s payment date of debts and taxes related to the above real estate as of the balance

Article 5 The seller shall deliver all documents necessary for the ownership (registration) to the buyer at the time of receipt of the balance, and shall cooperate with the transfer registration.

Section 6 of this Agreement shall reimburse the seller of the down payment at the time of the down payment, and the buyer shall waive the down payment at the time of the down payment and shall not claim the return thereof.

(3. Attachment 8,00,000 as of the special agreement shall be dealt with by the seller.

The seller is responsible for two persons of the current stable (H and I).

Seller: A and 2 others

B. At the time of the instant contract, the instant real estate was set up on November 27, 2015 by the Mineyang Branch of the Gwangju District Court of Gwangju District Court of Gwangju District (hereinafter “J”) No. 34395 (the maximum amount of claims KRW 192,00,000) and by the same registry office No. 28953 (the maximum amount of claims KRW 90,000), which was received on November 25, 2016 (hereinafter “instant collateral security”) in the name of the JJ, and the instant real estate among the instant real estate was set up in the name of H (the maximum amount of claims KRW 90,00,000) and I (the key amount of claims KRW 30 million).

C. Plaintiff A is the name of J and KRW 300 million.

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