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(영문) 수원지방법원평택지원 2019.04.17 2018가합185
계약금 반환
Text

1. The Defendant shall pay to the Plaintiff KRW 306,00,000 and the interest rate of KRW 15% per annum from March 24, 2018 to the day of full payment.

Reasons

1. Basic facts

A. The land on the five lots listed in the list 1. Attached 1. (hereinafter “instant land”).

(2) Since August 28, 2013, the registration of ownership transfer was completed in the Defendant’s future on the land listed in attached Table 1. List 1. (1) of the instant land, among the instant land, the three buildings of livestock pens as listed in attached Table 2 (hereinafter “C-ground stable”) were constructed on April 30, 2014, and the registration of ownership preservation was completed in each Defendant’s future. On the land listed in attached Table 2 through 5, attached Table 1. List 2 through 5, two buildings of livestock pens as listed in attached Table 3 (hereinafter “land axis, such as D”) were constructed by the Defendant and completed each completion inspection on July 13, 2016. However, the registration of ownership preservation was not completed in the Defendant’s future.

(B) On October 24, 2017, the Plaintiff and the Defendant purchased the instant land and buildings at KRW 1.53 billion from the Defendant on October 24, 2017, and purchased the instant land and buildings at KRW 1.53 billion from the Defendant, and the down payment KRW 1.377 million on the remainder of the contract date and the remainder of the contract amount to KRW 1.377 million on November 27, 2017 (hereinafter “instant sales contract”). The Defendant concluded a sales contract with the purport that the payment of documents necessary for the registration of ownership transfer shall be made in exchange for delivery and redemption of documents (hereinafter “instant sales contract”).

The main contents related to the issues of the instant case among the terms and conditions of the instant sales contract and the special agreement are as follows.

Article 2 (Transfer of Ownership) The seller shall receive the balance of the purchase price and at the same time deliver all documents necessary for the registration of ownership transfer and deliver the said real estate.

Article 3 (Extinction of Rights, etc.) The seller shall constitute grounds for restricting the exercise of ownership, public charges and other charges.

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