(영문) 부산지방법원 2015.10.16 2014가단225720

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(영문) 부산지방법원 2015.10.16 2014가단225720

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1. The Defendant’s KRW 30,000,000 as well as 5% per annum from March 28, 2015 to October 16, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 27, 2014, the Plaintiff and the Defendant entered into a sales contract with the Defendant for the Busan-gu 104 Dong 302 (hereinafter “instant apartment”) (hereinafter “instant sales contract”).

[The contents of the instant sales contract (an extract)] Article 1 (Purpose): The intermediate payment of KRW 10 million (payment on the day of the contract): The remainder of KRW 30 million (payment on the day of the payment): Article 2 (Transfer, etc. of the Ownership on April 30, 2014) of the sales contract: 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 sales contract and the receipt of all documents necessary for the registration of transfer of ownership, and the delivery date of the said real estate shall be April 30, 2014.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Matters of special agreement

2. A copy of the register perused at the time of the contract will pay and cancel the remainder from the buyer on the date of the balance, with the maximum debt amount of KRW 176 million,00,000,000,000,000.

3. The intermediate payment will be transferred to the account DB by Busan Bank.

4. Remittance of down payment of KRW 10 million and intermediate payment of KRW 30 million to depositer E-mail (for the plaintiff's children, written by E in his/her own writing, in which he/she participated as his/her agent from the time of preparation of the contract).

B. The Plaintiff paid the down payment of KRW 10 million on the date of the said contract (hereinafter “instant down payment”), but the intermediate payment (hereinafter “instant intermediate payment”) did not comply with the payment date, and paid KRW 20 million on March 10, 2014, and KRW 10 million on March 18, 2014.

C. The Plaintiff’s remaining payment date.

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