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(영문) 의정부지방법원 고양지원 2018.11.16 2018가합70366
계약금반환 등 청구의 소
Text

1. For the plaintiffs:

A. As regards Defendant C’s KRW 382,00,000 and KRW 44,000 among them, Defendant C shall be from June 21, 2017 to 50,000.

Reasons

1. Basic facts

A. The parties’ relationship E owned a building of 66 square meters in Gyeyang-gu, Gyeyang-gu (hereinafter “Fdong”) G (hereinafter “G land”) and its ground (hereinafter “G building”), and Defendant C is the owner of H large 132 square meters (hereinafter “H land”) and its ground buildings (hereinafter “H building”). Defendant D is the owner of 1 large 53 square meters in land (hereinafter “I land”) and 53 square meters in land (hereinafter “I land”) in common with H land.

The Plaintiffs planned to purchase adjacent G land and buildings, H land and buildings, and I land in order to newly construct a multi-household house.

(G) However, on August 21, 2017, J completed the registration of transfer of ownership on the ground of sale on June 24, 2017 in its own name.

On June 21, 2017, the Plaintiffs purchased H land and buildings in KRW 440,00,000 between Defendant C on June 21, 2017, and concluded a sales contract with the effect that KRW 44,00,000 for the first intermediate payment of KRW 50,000 on June 26, 2017, and KRW 256,00,000 for the second intermediate payment of KRW 26,000 on August 11, 2017, respectively, shall be paid in KRW 90,000 on August 25, 2017 (the second intermediate payment of KRW 26,00,000,000 was changed as agreed by the parties thereafter).

(2) On the same day, Defendant D purchased I’s land in KRW 150,000,000, and the down payment of KRW 15,000,000,000, the intermediate payment of KRW 125,000,000 on June 26, 2017, and the remainder of KRW 125,00,000 on August 25, 2017, respectively, entered into a sales contract with Defendant D to pay each of the remainder of KRW 125,00 (hereinafter collectively referred to as “in general, each of the instant real estate sales contract”) (hereinafter referred to as “the seller” received the remainder of the purchase price from the buyer and at the same time delivers all the documents necessary for registering the transfer of ownership to the buyer, and cooperate with the transfer registration, and the delivery of the said real estate as of August 25, 20

Article 3 The seller shall have the right to mortgage, superficies, and superficies established on the above real estate.

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