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(영문) 춘천지방법원 2015.07.08 2014가합918
매매대금반환 등
Text

1. The defendant shall pay to the plaintiff KRW 154,90,000 as well as KRW 134,900 among them, and KRW 20,00,00 as from November 5, 200.

Reasons

1. Facts of recognition;

A. Around September 18, 2002 between the Plaintiff and Nonparty C, a contract was concluded between the Plaintiff and Nonparty C to purchase KRW 2,14,200,00 from C for purchase of KRW 393.7 square meters (hereinafter “each of the instant real estate”) among the two parcels outside Docheon-si, Chuncheon-si, where C was planned to purchase in the future and sell and sell the same (hereinafter “the instant first sale contract”).

B. After that, around September 30, 2002, the Plaintiff paid KRW 114.9 million in total to the above C, among the first down payment of KRW 20 million under the sales contract of this case, KRW 20 million on October 1, 2002, KRW 20 million on or around October 31, 2002, and KRW 74.9 million on or around October 31, 2002, and around November 3, 2003, the Plaintiff paid KRW 10 million out of the second intermediate payment of KRW 74.9 million, and KRW 20 million in total to the Defendant.

C. On December 29, 2005, the registration of transfer of ownership in the name of the defendant was completed on the grounds of sale as of December 28, 2005, respectively.

On May 10, 2007, the Plaintiff entered into a sales contract with the Defendant for each of the instant real estate (hereinafter “instant second sales contract”) with the following terms:

- Article 1. Sales Price: 20 million won for down payment and intermediate payment of KRW 134.9 million: KRW 79.3 million - Article 4. The seller will deliver all documents necessary for the registration of ownership at the time of receipt of any balance to the buyer and cooperate for the registration of transfer.

-Article 5: The seller shall reimburse the amount of the down payment at the time of the breach of the contract, and the buyer shall waive the down payment at the time of the breach and shall not make a claim for refund.

E. On May 11, 2007, the day following the date of concluding the second sale contract of this case, the provisional registration made in the name of the Plaintiff on May 10, 2007 on each of the instant real estate (hereinafter “each of the instant provisional registrations”) on the basis of a pre-sale agreement, respectively.

F. However, the Plaintiff around August 22, 2008.

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