beta
Text
1. As to KRW 250,00,000 among the Plaintiff and KRW 150,000 among them, the Defendant shall start from January 23, 2017 to July 4, 2017.
Reasons
1. Basic facts
A. Since around 2012, the Defendant purchased the instant real estate in the auction procedure with respect to each real estate listed in the separate sheet owned by C, a pro-friendly type D (hereinafter “instant real estate”) and acquired the ownership thereof.
B. D, even after having lost ownership of the instant real estate as above, raised the chickens in the instant real estate with the Defendant’s consent.
Article 2:150 million won of down payment shall be paid and received to the seller at the same time as the contract is concluded. The balance of KRW 910 million shall be paid and received on March 31, 2017. The delivery of immovable property of Article 3 shall be March 31, 2017.
Section 6. In the event of the seller's breach of contract, the seller shall compensate for the amount of the down payment with the penalty, and the buyer shall waive the down payment and not claim the return thereof at the time of the breach.
Matters of special agreement
1. A seller shall move his/her merat farm in use within two years from the completion date of the registration of transfer of ownership, and shall pay a rent by mutual agreement between the parties if the merat farm is not implemented;
6. The payment date of any balance may be adjusted under prior consultation between both parties.
C. On October 2016, the Plaintiff sought a stock farm to raise chickens, upon the introduction of E, became aware of the Defendant and C husband and wife. On January 23, 2017, the Plaintiff entered into a sales contract with the Defendant to purchase the instant real estate at KRW 1 billion, and agreed as follows.
(hereinafter “instant sales contract”). D.
On the date of conclusion of the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 150 million.
E. On March 31, 2017, the Plaintiff agreed to postpone the payment of the remainder of the instant sales contract until D took out all the chickens raised in the instant real estate.
F. D, May 21, 2017, all of the chickens raised in the instant real estate were removed, and the Plaintiff, C, and E were also on May 31, 2017, and the implementation of the instant sales contract.