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(영문) 창원지방법원 2016.01.15 2015가단74988
계약금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On October 14, 2008, the Plaintiff entered into a sales contract with the following terms (hereinafter “instant sales contract”) with respect to the 4-meter 1,782 square meters of Changwon-si D block 4 knots 1,782 square meters of Changwon-si, Changwon-si, Sungwon-si (hereinafter “instant land”). On the same day, the Plaintiff paid the down payment amount of KRW 68,792,920 at Changwon-gu, Changwon-si:

1) The Changwon-si sells the instant land to the Plaintiff at KRW 687,929,200. 2) Upon entering into a contract, the Plaintiff’s KRW 68,792,920 out of the sale price, the intermediate payment of KRW 343,964,60, and KRW 275,171,680, respectively, within 30 days from the date of entering into the contract, and within 60 days from the date of entering into the contract, and if the sale price is not paid by the designated date, the Plaintiff shall bear the overdue rate prescribed in Article 80 of the Enforcement Decree of the Public Property and Commodity Management Act.

3) In the event that the Plaintiff fails to pay the sale price (repaid money and balance) by the designated time limit, the original time limit may unilaterally rescind this contract, and the down payment shall belong to the original time limit. 4) The Plaintiff cannot obtain ownership transfer unless the sale price is fully paid, and all expenses incurred in transferring ownership shall be borne by the Plaintiff.

5) Changwon-si may refund and repurchase the sales price paid by the Plaintiff from October 14, 2008 to October 13, 2013, and the Plaintiff shall perform the registration of a special agreement for repurchase at the time of transfer of ownership. (B) However, the Plaintiff’s failure to pay the intermediate payment and the remainder pursuant to the instant sales contract on July 30, 2009 (hereinafter “Defendant Company”).

B) The sales contract between the Plaintiff and the Plaintiff to sell the instant land as of August 17, 2009 (hereinafter “instant sales contract”) with the terms of 687,929,200 won, and the date of payment for the instant land (hereinafter “instant sales contract”).

AB concluded the agreement.

C. After that, the Defendant Company’s funds are KRW 343,964,60, and the intermediate payment pursuant to the instant sales contract at Changwon-si on August 18, 2009.

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