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(영문) 부산지방법원동부지원 2017.08.25 2016가합104769
계약금반환 및 손해배상
Text

1. As to the Plaintiff KRW 300,000,000 and its KRW 150,000 among them, the Defendant shall start on November 5, 2016, and the remainder of KRW 150,000.

Reasons

1. Basic facts

A. The Defendant is operating a child-care center D (hereinafter “child-care center of this case”) in the real estate in the attached Form C in Busan Dong-gu (hereinafter “instant real estate”).

On September 19, 2016, the Defendant sold the instant real estate, childcare center facilities, equipment, etc. to the Plaintiff for KRW 1.5 billion.

B. Accordingly, the Plaintiff concluded a sales contract between the Defendant to pay the sales price of the instant real estate as KRW 1.35 million and the down payment as KRW 1.5 million on the date of the contract, and the remainder KRW 1.25 million on October 20, 2016 (hereinafter “instant real estate sales contract”), and the sales contract to pay the sales price for the instant child-care center equipment and facilities as KRW 1.5 million on the date of the contract (hereinafter “instant equipment sales contract”) and the amount to be paid by October 20, 2016 (hereinafter “instant equipment sales contract”). The Plaintiff paid the Defendant the down payment as stipulated in the instant real estate sales contract on the date of the contract.

The main contents of the instant sales contract are as follows.

Article 2 of the Real Estate Sales Contract (Transfer of Ownership, etc.) shall deliver all documents necessary for the registration of transfer of ownership to a buyer simultaneously with the receipt of any balance of the purchase price, and cooperate with the registration procedure, and the delivery date of the said real estate shall be October 20, 2016.

Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or a purchaser has any default on the terms and conditions of this Agreement, the other party shall be notified in writing to the person who has defaulted, and the contract may be rescinded.

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