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(영문) 부산지방법원 2014.07.16 2014가합7134
매매대금반환
Text

1. The Defendant’s KRW 28,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 7, 2012 to July 16, 2014.

Reasons

1. A sales contract for a building on the basis of fact;

1. Location of indication of real estate: A building with a lot of 342.4 square meters wide: A reinforced concrete building/replacement facility;

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 purchase price shall be KRW 1,350,000,000.

70,000,000 won shall be paid and received at the time of the contract.

360,000,000 won of a loan shall be succeeded by the purchaser at present.

The intermediate payment of KRW 250,000,000 shall be paid on October 17, 2012.

An intermediate payment of KRW 435,00,000 shall be paid on October 17, 2012.

Any balance of 235,000,000 won shall be paid on February 15, 2013.

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

(A) If a seller or a purchaser fails to perform any of the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and rescind the contract.

In addition, the parties to the contract may claim damages for the cancellation of the contract respectively to the other party, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed.

(a) Matters of a special agreement;

1. Contracts shall be made according to the current building condition and the registry condition;

(b)

4. The payment date of intermediate payments and the balance may be adjusted according to the purchaser's financial standing and the transfer of ownership (stock sales contract and change of its representative) at the same time as the balance is paid;

5. Prior to the transfer of ownership on this article, commercial items shall be deemed to be substituted preferentially with the intermediate payment and any balance in bank loans as security.

(B)

A. On September 17, 2012, the Plaintiff and the Defendant each real estate indicated in the separate sheet owned by the Defendant (hereinafter “each of the instant real estate”) are as follows.

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