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(영문) 창원지방법원통영지원 2015.04.30 2014가합2439
매매대금반환
Text

1. The Defendants shall jointly and severally serve as KRW 170,000,000 on the Plaintiff and as a result, from January 25, 2015 to April 30, 2015.

Reasons

1. Facts of recognition;

A. On June 30, 2014, the Plaintiff purchased the land and buildings (hereinafter “D”) indicated in the list 1 and 2 of the attached real estate owned by the Defendants from the Defendants as well as the land and buildings (hereinafter “the instant real estate”) in KRW 945 million. The down payment is KRW 80 million at the time of the contract, and the remainder amount is KRW 865 million (the remainder amount is KRW 248 million of the lessee’s deposit in the multi-family house was acquired by the Plaintiff, and the remainder is actually KRW 617 million) was to be paid to the Defendants on August 22, 2014 (hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.

① Upon receipt of the balance of the purchase price, the Defendants issued all documents necessary for the registration of transfer of ownership to the Plaintiff, and cooperate with the registration procedure, and the delivery date of the said real estate shall be August 22, 2014.

(2) Article 2. (2) Before the Plaintiff pays the intermediate payment to the Defendants (if there is no intermediate payment), the Defendants may refund a double of the down payment, and the Plaintiff may waive the down payment and rescind the said contract.

(3) If the Defendants or the Plaintiff has failed to comply with the terms and conditions of this Agreement, the other party may notify in writing the person who has failed to comply and rescind the contract.

In addition, the parties to the contract may claim damages from the other party in accordance with the termination of the contract, and the contract deposit shall be considered as the basis for compensation for damages unless otherwise agreed on (Article 6).

According to the instant sales contract, the Plaintiff paid the Defendants the down payment of KRW 80 million on the day of the contract.

C. Upon the request of the Defendants, the Plaintiff intended to pay the remainder of KRW 617 million on August 14, 2014, but Defendant C refused to pay the remainder. On that day, Defendant C paid KRW 30 million out of the remainder upon Defendant B’s request.

Since then, the defendants receive the remainder through the broker of the contract of this case and receive the remainder.

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