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(영문) 부산지방법원 2015.05.21 2014가합51575
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. On July 24, 2013, the Plaintiff entered into a sales contract with the Defendant on the 132 square meters of land and 815.81 square meters of land (hereinafter “instant real estate”) in the Dong-gu, Busan (hereinafter “instant sales contract”) and the main contents thereof are as follows.

Real estate sales contract

1. Display site of real estate - Dtel land in Busan Dong-gu - Land category - Building of 132 square meters: Building of 132 square meters in size - Structure use: 81 square meters in size;

2. As to the sale of the above real estate, Article 1 (Purpose) of the Terms and Conditions of the Contract, the seller and the buyer, by agreement, shall pay the sales amount as follows:

The sale price: 870,000,000 won (the first down payment of KRW 50,000,000) loans of KRW 90,000 (the first down payment of KRW 50,000,000 shall be paid on August 26, 2013, and the second down payment of KRW 40,000,000 shall be paid on October 16, 2013): 380,000,000 shall be succeeded to.

Any balance: 400,000,000 won shall be paid on November 15, 2013.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer at the same time as the balance of the purchase price is received, and cooperate with the registration procedure, and the delivery date of the said real estate shall be November 15, 2013.

Article 3 (Extinguishment of Restricted Real Rights, etc.) If a cause exists to restrict the exercise of ownership, such as mortgage, superficies, right of lease, etc. established on the above real estate, or if there is any unpaid amount of taxes and other charges, the seller shall remove the defects, burdens, etc. of such rights and transfer full ownership to the buyer by the

except in cases of rights and amounts agreed to succeed.

Article 4 (Reversion of Profits, Taxes, Taxes, etc., generated concerning the above real estate shall be based on the date of delivery of the above real estate, but the liability for payment and liability for payment of local taxes shall be governed by the provisions of the Local Tax Act.

Article 5 (Cancellation of Contracts) When a buyer does not pay an intermediate payment to a seller.

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