(영문) 부산지방법원 2016.11.16 2016나45127

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 부산지방법원 2016.11.16 2016나45127

매매대금반환

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is a seafarer affiliated with the new trade company, who is H and friendly.

B. The Defendant as H’s wife, and the address of the Seo-gu Busan, Seo-gu, Busan, which owned D: The Seo-gu, Busan, Seo-gu, 57.2 square meters and the above ground lighting also 1227 square meters and the scke tank and the scke 2nd 1st 3.12 square meters and the 14.28 square meters for two floors (hereinafter collectively referred to as “instant real estate”). The Defendant completed the registration of ownership transfer on December 3, 2013 due to inheritance by consultation and division as of December 5, 2012.

C. On January 14, 2013, the Plaintiff entered into a sales contract with the Defendant for the instant real estate with the introduction of H.

The main contents of the sales contract are as follows:

(hereinafter “instant sales contract”). Details of the contract

1. As to the sale of the instant real estate, the seller and the buyer are to pay the sales price by agreement as follows.

On January 5, 2013, the purchase price of KRW 60 million was paid and received at the time of the contract, and the actual payment was remitted to the account under the name of the husband H in the Defendant’s husband.

Any balance of 45 million won shall be paid on April 11, 2015.

5. (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment, the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind the contract;

6. (Non-performance of Obligations and Compensation for Damages) If a seller or a purchaser has any non-performance of the terms and conditions of this contract, the other party may notify in writing the person who has defaulted, and cancel the contract;

In addition, the parties to the contract may claim the other party for the compensation for damage following the cancellation of contract, and the contract deposit shall be considered as the basis for the compensation for damage unless otherwise agreed.

Matters of special agreement

1.To enter into a contract under the present condition;

2. Any balance that is currently occupied and that is paid from the due date of the remainder due to the place of work (seafarers) shall be the remainder.

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