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(영문) 울산지방법원 2015.08.13 2014가합7410
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts (applicable for recognition: without dispute, each entry in Gap evidence 1 through 3);

A. On July 21, 2012, the Plaintiff and the Defendant purchased KRW 165 square meters (50 square meters) out of KRW 2304 square meters (50 square meters) in total, in total, at KRW 87.5 million (However, the Defendant agreed to reduce the purchase price by 3% if the Plaintiff paid the purchase price up to the 25th of the same month). The transfer of the registration was not set on the date, and the Plaintiff entered into a sales contract (the first sales contract) with the Defendant to divide the entire land of the above C into a new lot number after receiving the registration of transfer of ownership under the name of the Defendant and make the registration of transfer of ownership for the land equivalent to the above area at the Plaintiff’

After that, until July 26, 2012, the Plaintiff paid 84,875,000 won at a discount of 3% of the above purchase price to the Defendant, thereby paying the full purchase price.

B. On July 26, 2012, the Plaintiff purchased the purchase price of KRW 92,50,000,000,000 for KRW 2,304,000,000,000 for KRW 2,304,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

8.9. Prior to the early payment, the agreement was made at a discount of 3% of the purchase price.

) The transfer of registration does not specify the date and first, the sales contract for a new lot number of the land equivalent to the above size is to be made to register the transfer of ownership in the name of the plaintiff (the second sales contract; hereinafter referred to as the "the second sales contract") after the registration of transfer of ownership in the name of the defendant with respect to the whole land of the above land of this case.

AB concluded the agreement.

After that, until August 8, 2012, the Plaintiff paid 50,925,000 won at a discount of 3% of the above purchase price to the Defendant, thereby paying the full purchase price.

C. However, the procedures for the registration of ownership transfer from the defendant continue.

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