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(영문) 제주지방법원 2015.12.10 2015가합768
매매대금
Text

1. The defendant (Counterclaim plaintiff) is a second floor of 64.83 square meters among the buildings listed in the attached Table 2 from the plaintiff (Counterclaim defendant) and a list 1.3 square meters among the buildings listed in attached Table 2.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 22, 2014, the Plaintiff entered into a sales contract with the Defendant to sell each of the instant land, buildings, and steel containers of this case for KRW 3,150,000 (hereinafter “instant sales contract”). The main contents thereof are as follows.

Article 2 In the sale of the instant land and buildings, the Defendant shall pay the purchase price as follows:

The purchase price of KRW 3,150,000 is paid at the time of a contract, and the Plaintiff receives the down payment of KRW 350,000,000. The first intermediate payment of KRW 165,000,000 at the time of a contract, and the Plaintiff receives it. The second intermediate payment of KRW 50,000 on April 23, 2014.

The third intermediate payment of KRW 2,305,00,000 shall be paid on May 8, 2014.

Any balance of KRW 280,000,000 shall be paid at the time of November 30, 2014, when the instant land and building names are located.

Matters of special agreement

2. The Plaintiff shall register the transfer of sales articles to the Defendant simultaneously with the payment of the third intermediate payment.

3. The balance shall be paid by the Defendant simultaneously with the receipt by the Plaintiff of the sale and purchase goods (place of business: bowling, restaurant, store, etc.). The remainder payment date under Article 2 of the sales and purchase contract of this case shall be changed under the agreement of both parties where the action for the order of purchase and sale is delayed.

4. In order to secure the remainder claim under paragraph (3) of the above Article, the Plaintiff shall acquire the second priority right of 280,000,000 won with the Defendant as the obligor on the sale and purchase property, and the Defendant shall prepare and deliver to the Plaintiff a certificate of borrowing KRW 280,00,000 corresponding to the remainder amount.

7. The Plaintiff shall terminate the contract with the Defendant for the book stores leased on the sale and purchase goods, the office of interior and the office of interior, and the office of interior (second floor) for the Defendant, and the Plaintiff shall bear the obligation to return the deposit for lease to the above lessee and all other obligations related to the lease. If the Plaintiff fails to settle it by the due date of the remainder, the amount equivalent to the obligation shall

8. For objects to be traded:

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