(영문) 부산지방법원 2019.05.22 2017가합52609

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(영문) 부산지방법원 2019.05.22 2017가합52609

계약금 등 반환

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 18, 2017, the Plaintiff purchased the sales price of KRW 3 billion (hereinafter “instant sales contract”). On October 27, 2017, the Plaintiff paid KRW 150 million for the instant sales contract deposit and the intermediate payment of KRW 150 million to the Defendant on October 27, 2017.

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

Article 1 (Purpose) Buyer (Plaintiff, hereinafter the same shall apply) of the Real Estate Sales Contract shall pay the sales price of each officetel of this case to the seller (Defendant, hereinafter the same shall apply) as follows:

- Sales proceeds: 3 billion won (excluding additional sheet): 150 million won (payment and receipt at the time of a contract) and intermediate payments: 150 million won shall be paid on October 25, 2017.

· Balance: 2.7 billion won shall be paid in December 25, 2017.

Article 2. The seller shall deliver documents necessary for the registration of transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price, cooperate in the registration procedure, and deliver such real estate.

Section 3. If there is any reason to restrict the exercise of the above real property ownership, or the default of taxes, public charges and other charges, the seller shall completely remove the defects and burdens of such rights until the balance date.

§ 4. Transfer of profits and charges for taxes and public charges, etc. arising in respect of such immovable property shall belong to the seller and to the buyer thereafter on the basis of the date of delivery of the said property.

Article 5 Until the buyer pays the intermediate payment to the seller (if there is no advance payment, the seller shall be in the status of double the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6. Brokerage Fees and Actual Expenses shall be paid by both the seller and the buyer at the same time as this contract is concluded.

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