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(영문) 대전지방법원홍성지원 2020.08.20 2019가합30249
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. On January 29, 2018, in order to install solar power generation facilities, the Plaintiff entered into a sales contract with the Defendants to purchase from the Defendants KRW 57 million (hereinafter referred to as “instant land”) the purchase price of KRW 22,215,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00,00,00.

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

The purchase amount: The outstanding balance after payment of KRW 57 million at the same time as the contract is made: the seller, as of April 30, 2018, issues all documents necessary for the ownership (registration) and cooperates with the transfer registration, to the buyer at the time of receipt of the balance.

The seller shall cancel the collateral security, seizure, provisional seizure, etc. established on the real estate of Article 6 before the remainder date.

Section 7. The seller shall reimburse the amount of the down payment at the time of the seller's breach of contract, and the buyer shall waive the down payment and not claim the return of the down payment.

B. The Plaintiff paid the down payment of KRW 50 million on the date of the contract, and the Plaintiff paid KRW 157 billion on June 29, 2018, which was after the agreed remainder payment date, as part of the remainder, and KRW 200 million on July 30, 2018.

C. From the time of the conclusion of the instant sales contract, the provisional registration of Defendant C’s right to claim for ownership transfer registration was completed on the instant land, and the registration of creation of a mortgage over KRW 123 million on the F land, which is the mortgagee of the I association, was completed on the instant land.

On February 27, 2019, the Plaintiff decided to cancel all of the collateral security or seizures established on the instant land before the remainder payment date.

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