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Reasons
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(영문) 부산지방법원동부지원 2015.01.15 2014가합101827
계약금반환 등
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1. The Defendant: (a) KRW 130 million to the Plaintiff; and (b) KRW 5% per annum from September 23, 2014 to January 15, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On June 16, 2014, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant to purchase the seven parts of the building in Nam-gu, Busan (hereinafter “instant real estate”) from the Defendant as a broker of the representative of the C Licensed Real Estate Agent Office, and entered into the sales contract (hereinafter “instant sales contract”) with F, the Defendant’s wife, and entered into the sales contract (hereinafter “instant sales contract”) with F, which is a one-time multi-purpose contract, and the main contents are as follows.

1. A building of 177.7 square meters in a large size of land category of the 7th E-building in Nam-gu, Busan, the location of indication of real estate: 489.66 square meters in size, other than Class II neighborhood living facilities;

2. The contract deposit of KRW 3,000,000,000,000,000 shall be paid at the time of the contract and the intermediate payment shall be paid in July 2014.

The remainder payment of E.S. Won shall be made on January 6, 2015.

Article 2 (Transfer of Ownership, etc.) The Defendant shall, at the same time as the receipt of the balance of the purchase price, deliver all the documents necessary for the registration of transfer of ownership to the Plaintiff and cooperate with the registration procedure, and the delivery date of the said real estate shall be January 6,

Article 6 (Non-performance of Obligations and Compensation for Damages) If the plaintiff or defendant has failed to fulfill the terms of the sales contract of this case, the other party may notify in writing the person who has failed to fulfill the terms of the sales contract of this case and cancel the contract, and the other party may claim damages arising from the cancellation of the contract to the other party, respectively, and

Matters of special agreement

2. The part payments shall be paid in seven months;

On June 16, 2014, the defendant Buyer C Licensed Real Estate Agent Office representative D

B. On June 16, 2014, the Plaintiff agreed to pay KRW 100 million to the Defendant separate from the purchase price under the instant sales contract, and paid KRW 70 million out of the above money, and received a cash custody certificate therefor.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, and arguments.

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