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(영문) 춘천지방법원 2019.02.21 2018가단54183
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 29, 2016, the Plaintiff and C entered into a real estate sales contract (hereinafter “instant sales contract”) with the following major contents, which purchased at the Hongcheon-gun D, E, F, G, H, I, J, K, L, M, N, P, P, Q, R, and S Forest and Miscellaneous Land (hereinafter “instant real estate”) of KRW 850 million (the contract amounting to KRW 85 million and the remainder of KRW 765 million and the payment of KRW 75 million on April 30, 2017). The Defendant’s creditors signed and sealed T, U.S. as part of the down payment and the balance, with the payment of KRW 16 million.

Article 3 Delivery of Real Estate shall take April 30, 2017.

Article 4 If a seller has a private liability to restrict the exercise of ownership, such as a mortgage, superficies, right of lease, etc. established on the above real estate, or if there is any unpaid amount, etc. of the taxes construction works or other charges, he/she shall transfer the full ownership to the buyer by removing the defects,

except in cases of rights and amounts agreed to succeed.

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

Section 6. The seller shall reimburse the amount of the down payment at the time of the termination of the contract, and the buyer shall waive the down payment and not claim the return thereof at the time of the termination of the contract.

(1) The liabilities in the certified copy of the register of the above real estate shall be acquired by the purchaser at the amount included in the above sale amount (VF 350 million won and interest after the contract date shall be held liable by the purchaser at the same time as the contract is entered into.

(1) The above real estate is subject to the registration of ownership transfer at the same time as the contract, and authentication, registration of establishment, and all other expenses are borne by the buyer.

1) On December 29, 2016, the buyer deposits part of KRW 55 million out of the down payment of the above real estate into the T head of Tong in the W Office, which is not the seller, on December 29, 2016. (1) The above U shall deposit KRW 30 million out of the down payment on December 29, 2016.

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