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(영문) 서울중앙지방법원 2015.06.02 2015가합5212
중도금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 21, 2007, the Plaintiff entered into a pre-sale agreement (hereinafter “instant agreement”) with the Defendant on the following terms and conditions with respect to the 1,306 square meters of C forest land in Seongbuk-gu, Sungnam-si, Sungnam-si, the Defendant owned, D forest land 1,306 square meters of D forest land, E forest land 1,308 square meters, and F miscellaneous land 288 square meters of land (hereinafter “each of the instant land”), and paid the Defendant the down payment amount of KRW 250 million on the same day.

After that, the Plaintiff and the Defendant agreed on May 16, 2008 on the payment time of the remainder.

Article 2 In the sale of the instant land, the buyer is to pay the purchase price as follows:

- The purchase price: 2,490,000,000 - the down payment: 250,000,000 won - the first intermediate payment: 1,000,000 won ( January 15, 2008) - The second intermediate payment: 440,000,000 won ( March 17, 2008) - The remaining balance: 800,000,000 won (after delay consultation) prior to the acquisition of land transaction permission, this Agreement, under the responsibility of the buyer, enters into a sale contract as provided for in this Agreement after obtaining land transaction permission.

Article 4 The seller shall deliver all documents necessary for the ownership (registration) to the buyer when he/she receives any balance, and shall cooperate in the registration of transfer.

Section 5. In the event of the seller's breach of this Agreement, the seller shall compensate for the amount of the down payment, and the buyer shall revert to the seller and shall not return the down payment, and the contract shall be deemed to have been cancelled.

§ 6. The seller will cancel the right to collateral security and superficies established on the above land within 10 days after the receipt of the first intermediate payment.

Article 7 Without regard to land transaction permission, the buyer shall pay the intermediate payment to the seller at the first and second intermediate payment payment date, and if the buyer fails to pay the intermediate payment, the down payment shall be attributed to the seller, and this Agreement shall be rescinded.

B. On January 15, 2008, the Plaintiff paid to the Defendant KRW 1 billion for the first intermediate payment, and KRW 4.4 billion for the second intermediate payment on March 17, 2008, respectively, and some remainder of KRW 400 million on March 19, 2009.

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