logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2018.04.13 2016가합75992 (1)
매매대금
Text

1. The Defendant shall pay 6,006,491,232 won from the Plaintiff and 5% per annum from May 26, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On April 17, 2015, the Plaintiff entered into a sales contract and completed the registration of establishment of a mortgage in the name of the Defendant (hereinafter “Ddong”) with the Defendant (However, the purchaser’s name was “C stock company”) and the Gangseo-gu Seoul Metropolitan Government Ddong (hereinafter “Ddong”).

(1) The real estate listed in the separate sheet of the location (hereinafter referred to as “each of the instant real estate”) shall be specified as the parcel number when the individual land is named.

(2) The sales price is KRW 14,510,000,000; the down payment is KRW 1,451,00,000; the intermediate payment is KRW 1,451,00,000 (hereinafter “the first intermediate payment”) on the contractual day; and

(1) On July 17, 2015, the Plaintiff entered into a sales contract with the content that the remaining 11,608,000,000 won should be paid respectively on December 30, 2015. Article 4 (Cancellation of Limited Rights and Transfer of Ownership) (1) The Plaintiff shall have any limited real rights (including rights created regardless of the Plaintiff’s intent) established on the transaction real estate until the remainder is paid.

(2) The Plaintiff shall cancel and order the cancellation of the contract. (2) At the same time, the Plaintiff shall deliver all documents necessary for the transfer of ownership to the Defendant and order the sale and purchase real estate. The Plaintiff may not demand the Defendant to increase the purchase price or to pay additional expenses for any reason after the conclusion of the contract. The Defendant shall not voluntarily cancel and terminate the contract, such as the amount of compensation for down payment, unless he/she breaches the contract by faithfully performing his/her duties until the payment of the intermediate payment is made. In the event that the Plaintiff violates the contract under Article 8(1), the amount of the down payment shall be compensated for as much as the down payment, and the Defendant shall waive the down payment and not claim the return of the down payment (hereinafter “instant penalty agreement”).

(2) On June 17, 2015, the Plaintiff entered into a sales contract again by changing the buyer’s name to the Defendant, at the Defendant’s request, even though the content of the sales contract as stipulated in paragraph (1) is identical to that of the Defendant, according to the actual status of land.

arrow