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(영문) 서울중앙지방법원 2017.09.08 2016가합523472
계약해제로 인한 매매대금반환 등
Text

1. The Defendant’s KRW 640,030,383 as well as the Plaintiff’s annual rate of 5% from June 28, 2016 to September 8, 2017.

Reasons

1. Basic facts

A. On February 20, 2006, the Plaintiff entered into the instant contract and the alteration contract between the Plaintiff and the Defendant with the Defendant: (a) on December 20, 2006, the Plaintiff entered into the instant contract with the Defendant for the sale of approximately 75,741 square meters in Suwon-si, Suwon-si ( approximately 22,80 square meters; hereinafter “instant land”); (b) 75,741 square meters in C forest in Suwon-si, Suwon-si; (c) 1818 square meters in D forest; (d) 7141 square meters in E, 785 square meters in F forest; (e) 1785 square meters in G forest; (g) 1785 square meters in H forest and 1785 square meters; (e) 1785 square meters in G forest and 7405 square meters in K forest and 4959 square meters in L, 1074 square meters in forest and 175 square meters in each of the instant land.

Under the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 60 million on the date of the contract, KRW 200,000 on February 28, 2006, KRW 100,000 on the first intermediate payment of KRW 100,000 on May 10, 2006, KRW 340,000 on the third intermediate payment of KRW 340,000 on August 25, 2006, KRW 100,000 on the fourth intermediate payment of KRW 20,000 on February 25, 207, and KRW 200,000 on the remainder payment of KRW 20,00 on August 25, 207, and received the intermediate payment of KRW 360,000,00 on the land of this case from the Plaintiff bank and the Defendant Company (hereinafter “Defendant Bank”) as collateral Co., Ltd., Ltd. (hereinafter “Defendant Bank”).

On December 6, 2006, the Plaintiff and the Defendant indicated the subject matter of sale under the instant sales contract, as indicated in the Appendix 1 among the instant land, 1, 2, 3, 4-1, 2, and 3.

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