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(영문) 서울중앙지방법원 2014.01.09 2013가합20682
매매대금 반환금
Text

1. As to the Plaintiff’s KRW 832,430,00 and KRW 416,430,00 among them, the Defendant shall start January 5, 2012, and the remainder of KRW 416,00.

Reasons

1. Basic factual basis within the scope necessary to determine the cause of the claim;

A. On October 11, 2004, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 480,000,000 with respect to D buildings 9 Dong 105 (the state of loss of the building) located in Gangnam-gu Seoul, Gangnam-gu, Seoul.

(Contract Amounting to KRW 50,000,000, an intermediate payment of KRW 80,000 on November 11, 2004; the remainder of KRW 350,00,000 on November 11, 2004; and the remainder of KRW 350,000 on the date of completion of reconstruction; and the transfer and delivery of ownership on the balance payment date are agreed to be made. The special agreement is as follows.

1) The rebuilding contribution shall be paid by the purchaser in the amount other than the contract as determined by the association as the non-determined matter. 2) The remainder of the rebuilding contribution shall be paid by the purchaser at the time of completion and repaid as determined by the association.

(3) The payment of interest on the loan shall be made by the buyer to the seller from the date of the payment of the intermediate payment. (4) The balance date shall be two years and six months after the completion of the contract.

5) A loan shall be succeeded. Accordingly, on October 11, 2004, the Plaintiff paid 50,000,000 won for the Defendant on November 11, 2004, and 80,000,000 won for part of the intermediate payment on July 18, 2005, and the Plaintiff paid 10,000,000 won for 20,000,000 won out of the purchase price (or 280,000,000,000 won for 180,000,000,000 won for 20,000,000 won for 180,000,000 won for loan and 10,000,000 won for 20,000,000 won for rebuilding under a special contract, and the remainder was paid by the Plaintiff under 10,301,000,0000 won for rebuilding.

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