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(영문) 인천지방법원 부천지원 2018.11.07 2016가합100750 (1)
계약해제에의한원상회복등
Text

1. The Defendant’s KRW 187,532,363 as well as the Plaintiff’s annual rate from June 5, 2016 to November 7, 2018, and the following.

Reasons

1. Facts of recognition;

A. On December 20, 2012, the Plaintiff concluded a sales contract with the Defendant and Seongbuk-gu Seoul, D, and E on land and ground buildings (hereinafter “the sales contract as of December 20, 2012”).

[The above sales contract shall sell the land and building Seoul, Seongbuk-gu, D, and E to the defendant in KRW 1.2 million, but the defendant shall pay the contract deposit of KRW 45 million and the balance of KRW 146 million to the plaintiff, and the defendant shall succeed to the secured debt of the right to collateral security (loan) established on the above real estate and the repayment obligation of KRW 161 million to the plaintiff and substitute for the payment of the part payment to the plaintiff.]

Since then, the plaintiff and the defendant concluded the sales contract for the land and the ground building in Seongbuk-gu Seoul Metropolitan Government (hereinafter referred to as "real estate 1") and the sales contract for D and E land and the ground building (hereinafter referred to as "second real estate") separately.

C. Accordingly, on December 24, 2012, the Plaintiff concluded a first sale contract with the Defendant for the first real estate (hereinafter “the first sale contract”).

) A new contract was entered into (the original and the Defendant entered into a sales contract for the second real estate).

(1) The main contents of the first sale contract are as follows:

1. Display land of real estate: Seongbuk-gu Seoul Metropolitan Government building of 135 square meters: The area of the roof/residential roof/residential area of 158.32 square meters in Seongbuk-gu Seoul Metropolitan Government;

2.(Purpose)In respect of the sale of the above real estate, the seller and the buyer are to pay the sales amount by agreement as follows:

The balance that there is no down payment of KRW 332,00,000 for the purchase price shall be paid in December 24, 2012.

Article 2 (Transfer, etc. of Ownership) A seller shall deliver all documents necessary for the registration of transfer of ownership to a buyer simultaneously with the receipt of the balance of the purchase price and shall cooperate with the procedures for registration, and the delivery date of the said real estate shall be December 24, 201

Matters of special agreement

4. As to the maximum amount of debt 22,100,000 won, which shall be seen as a clerical error in the H association (H association).

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