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(영문) 대구지방법원포항지원 2017.11.09 2017가합10133
부당이득금
Text

1. The plaintiff's main claim is dismissed.

2. The defendant shall be the plaintiff, and KRW 3,200,000 from the plaintiff.

Reasons

1. Basic facts

A. The Defendant completed the registration of ownership transfer on July 13, 2005 with respect to the real estate listed in the separate sheet (hereinafter “instant hotel”) constructed on the land in Nam-gu B and C at port owned by the port of port.

The indication of real estate: The seller and the buyer are to pay the purchase price as follows with respect to the sale of the above real estate under Article 1 (Purpose) of 10 m22 m2, 823 m2, such as the hotel in this case and the boiler room.

1) Sales price: 4 billion won (excluding value-added tax of KRW 4,00,00, and value-added tax): 800 million (excluding value-added tax) shall be paid on September 1, 2015; 3.2 billion won (excluding value-added tax) shall be paid on or before December 10, 2015. Article 2 (Transfer, etc. of Ownership) shall provide the buyer with all documents necessary for the registration of transfer of ownership at the same time as the balance of the sales price is received; the seller shall provide the buyer with all documents necessary for the registration of transfer of ownership; the registration tax and other expenses shall be borne by the buyer; the delivery date of the said real estate shall be stipulated in a special agreement; the buyer’s down payment shall be attributed to the seller; the seller, if the sales contract is rescinded due to any cause attributable to the seller, shall be paid an equal amount to the buyer; and the buyer shall be entitled to claim for the cancellation of the contract from the buyer in writing as to the buyer’s non-performance of the contract.

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