logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.04.02 2018가단117234
매매대금반환
Text

1. The Defendant shall pay the Plaintiff KRW 119,450,00 and the interest rate of KRW 15% per annum from June 13, 2018 to the date of full payment.

Reasons

1. Basic facts

A. (1) On May 3, 2016, the Defendant was awarded a successful bid for the land ownership of 1,316 square meters and 171 square meters and 171 square meters and 171 square meters and 171 square meters prior to the division.

Luxembourg The Defendant divided the land before the division into a housing site, sold the land before the division into a housing site, and sold D land (E road) as an access road to a housing site.

B. (i) The land before subdivision was divided into C, 580 square meters prior to C, 114 square meters prior to F, and 622 square meters prior to G.

See After the above division, the Defendant owned F land and G land, and H owned C land.

(5) On May 24, 2017, the sale and purchase of shares 617/1,316 and the registration on June 8, 2017). 【F land and D land were scheduled to be used as the site for the second floor to be constructed by the Plaintiff, and F land and H will be used as the access road for the house to be constructed by the Plaintiff and H.

(See Evidence A No. 9, however, H constructed a second-story house on land C and completed registration of initial ownership on August 9, 2018).

(1) On September 4, 2017, the sales contract and the terms and conditions of the contract (i.e., the purchase price of KRW 8,670,00: KRW 4,350,000 (payment on September 4, 2017): the sale price of KRW 4,350,00 (payment on November 31, 2017) is either a commercial building in which the exercise of ownership, such as mortgage, superficies, lease, etc., established on the said real estate, is restricted, or the sale price of KRW 4,350,00 (payment on November 31, 2017) is transferred to the buyer.

o In the event of the seller's breach of this contract, the seller shall compensate for the amount of the down payment with penalty, and the buyer shall waive the down payment and not claim the return thereof at the time of the termination.

o Special-purposes: A transfer registration shall be made by changing the land category after the completion of the road.

B. C’s purchase price: 98,430,00 won for the purchase and sale of the land of September 10, 2017 (638/1,316 and 193): 8,00,000 won for the purchase and sale of the land of KRW 8,000 (payment on September 4, 2017): 72,00,000 (payment on September 25, 2017): 18,430,000 won (payment on September 25, 2017) for the sale of the land of KRW 18,430,00 for the sale of the said real estate (payment on May 30, 201).

arrow