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(영문) 울산지방법원 2014.12.26 2014가단2319
매매잔대금 등
Text

1. The Defendant’s KRW 20,789,040 as well as the Plaintiff’s annual rate from July 12, 2013 to December 26, 2014.

Reasons

1. Basic facts

A. On November 20, 2012, the Plaintiff sold to the Defendant the land and above ground buildings (hereinafter referred to as the instant building; where the instant building and the said land are collectively named, the instant real estate was deemed to be the instant real estate) located in Ulsan-dong, Ulsan-dong, Ulsan-dong, and the Defendant.

(hereinafter referred to as the "sale of this case")

On November 20, 2012, the Plaintiff and the Defendant drafted a sales contract (hereinafter “the first sales contract”) relating to the instant sales.

The above sales contract includes the following contents:

- The purchase price shall be KRW 3.37 billion, and the Defendant shall pay to the Plaintiff the balance 1.34 billion won on December 25, 2012, the remainder 1.34 billion won on February 25, 2013, and assume the obligation of a loan 1.4 billion won.

- On February 25, 2013, the Plaintiff received a balance and simultaneously completed the registration of ownership transfer for the instant real estate to the Defendant, and deliver the instant real estate to the Defendant.

- The Plaintiff removes the instant building by March 30, 2013.

C. On December 10, 2012, the Plaintiff and the Defendant drafted a sales contract concerning the instant sales (hereinafter “the instant second sales contract”) again.

The above sales contract includes the following contents:

- The purchase price shall be KRW 3.37 billion, and the Defendant shall pay to the Plaintiff the down payment of KRW 330 million on the date of preparation of the above sales contract, and KRW 3.4 billion on January 31, 2013.

The plaintiff holds a sales contract (hereinafter referred to as the "third sales contract of this case") dated December 10, 2012, which includes the following:

In the above sales contract, the Plaintiff’s trade name and seal are affixed to the seller’s column, and the buyer’s trade name and seal are written in the “Buyer” column and the Defendant’s seal is affixed.

- The purchase price shall be KRW 3.37 billion, and the Defendant shall pay the Plaintiff the down payment of KRW 330 million,00,000,000,000 on the date of preparation of the above sales contract, and KRW 3.4 billion on January 31, 2013.

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