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(영문) 대전지방법원서산지원 2016.06.01 2015가단9624
계약금등반환
Text

1. The Defendant’s KRW 50,000,000 and its related amount are 5% per annum from November 18, 2015 to June 1, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On July 18, 2015, the Plaintiff concluded a sales contract and paid down payment (1) each of the real estate listed in the separate sheet (hereinafter “instant real estate”) with the Defendant as indicated in the separate sheet (hereinafter “instant real estate”).

(2) The sales contract to purchase the purchase price of KRW 30 million and the down payment of KRW 40 million is KRW 270 million on the date of the contract and the remainder of KRW 270 million on October 30, 2015 (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows. The seller of Article 4 of the Terms and Conditions of the instant contract refers to the repayment of debts and taxes and public charges related to the said real estate as of the remainder payment date. The seller shall deliver the documents necessary for the ownership (registration) and shall cooperate with the registration of transfer at the time of the remainder payment. The seller shall compensate for the double amount of the down payment at the time of the seller’s breach of the contract, and the buyer shall not waive the down payment and claim the return of the down payment. The seller shall cancel the remainder until all defects of rights, such as the above provisional registration and superficies on collateral mortgage, are defective. The said land number includes one bond of the land without permission (excluding agricultural crops). C and D, the Plaintiff shall settle the cost of housing construction from the remainder after construction of one bond on the land to the Defendant on July 18, 2015.

B. The Plaintiff expressed his/her intent to refuse to implement the instant sales contract on October 22, 2015, with the issue of the Plaintiff’s preparation for the payment of the remainder, and the delay in the procedure for granting authorization for construction of housing on land C and D, Chungcheongnam-do, Chungcheongnam-do, and the Defendant’s refusal to receive the remainder before the remainder payment payment date. On October 30, 2015, the Plaintiff issued documents necessary for the registration of transfer of ownership to the Defendant on October 30, 2015, and seeks to cancel the sales contract and refund the remainder payment.

“The notice was sent by content-certified mail.”

2. On October 30, 2015, the Plaintiff is a certified judicial scrivener office.

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