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(영문) 서울동부지방법원 2016.10.25 2015가합111325
매매대금반환
Text

1. The Defendant’s KRW 230,000,000 as well as 5% per annum from June 30, 2015 to April 20, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On June 21, 201, the Plaintiff leased the lease deposit amount of KRW 1.5 billion from the Defendant Seongdong-gu Seoul Metropolitan Government (hereinafter “Seoul apartment”) from September 27, 201 to September 26, 2013, the lease deposit amount of KRW 1.55 billion was extended by two years on July 23, 2013, and the lease deposit was increased by KRW 1.8 billion.

B. On June 29, 2015, the Plaintiff entered into a sales contract with the Defendant to set the sales price of the instant apartment as KRW 3.28 billion (hereinafter “instant contract”) and entered into the sales contract with the Defendant, and entered the sales price of KRW 3.05 billion in the contract as follows.

-the contract amount of KRW 300 million is paid and received at the time of the contract - the first intermediate payment of KRW 1.5 billion - the second intermediate payment of KRW 300 million on June 30, 2015 - the payment of KRW 950 million on October 26, 2015 - the payment of KRW 950 million on a special agreement to be made on November 30, 2015 - the payment of KRW 1.8 billion on a deposit and the first intermediate payment of KRW 950 million on a deposit base under a lease agreement shall be offset against the down payment and the first intermediate payment, and the payment of KRW 300 million after deducting KRW 300 million on a second intermediate payment;

C. On June 30, 2015, the Plaintiff paid in cash the difference of KRW 230,000,000 as a result of the preparation of the package contract to the Defendant.

This contract shall offset the buyer's deposit of KRW 30 million and KRW 1.5 billion in the first intermediate payment against the buyer's deposit of KRW 1.8 billion, and the second intermediate payment of KRW 300 million shall be paid on October 26, 2015, and the balance of KRW 950 million shall be paid on November 30, 2015, and the contract shall be terminated on June 29, 2015, subject to the following conditions:

- The buyer shall revert to the seller the down payment KRW 300 million.

-The buyer shall pay to the seller the cost of KRW 100,000 to the seller.

- On September 27, 2013 to September 26, 2015, the lessor deducted the amount of KRW 300,000,000,000 offset by the sales contract deposit of KRW 1.8 billion for the period from September 27, 2013 to KRW 1.4 billion for the lessor.

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