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(영문) 창원지방법원 2017.04.27 2016나54210
해약금 청구의 소
Text

1. The judgment of the first instance, including the claims added at the trial, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. The Defendant purchased the instant real estate from F on October 10, 2007 as the broker assistant of the D Licensed Real Estate Agent Office located in Seoyang-si, and completed the registration of ownership transfer on October 24, 2007, and requested E to mediate the sale and purchase of the instant real estate from around 2012.

B. On October 27, 2014, according to the seafarer labor contract with a private assistance industry corporation, the Defendant started operation in the Antarctic Sea and returned to the Busan Port around March 17, 2015.

C. On January 4, 2015, the Plaintiff entered into a sales contract with E (hereinafter “instant sales contract”) with the Defendant as the Defendant’s agent, and its main contents are as follows.

Real estate sales contract

1. Real estate indicated in this case;

2.With respect to the sale and purchase of the above real estate, the seller and the buyer shall pay each purchase price by agreement as follows:

The purchase price of KRW 280,00,000 down payment of KRW 20,000 shall be paid and received at the time of the contract. The receiver’s remainder of KRW 260,000,000 shall be paid on March 10, 2015.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price.

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 said real estate, or if there is any unpaid amount of taxes, public charges and other charges, the seller shall remove the defects and burdens of the said rights and transfer the full ownership

except in cases of rights and amounts agreed to succeed.

Article 5 (Cancellation of Contract) Until the buyer pays the intermediate payment (if there is no intermediate payment), the seller shall refund the intermediate payment to the seller, and the buyer shall waive the down payment.

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