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(영문) 부산지방법원 2018.12.20 2017가합51781
계약금 및 중도금 반환 청구의 소
Text

1. The Defendants jointly share KRW 183,00,000 to the Plaintiffs, and as to this, from August 29, 2017 to December 20, 2018.

Reasons

A. The seller received the balance of the purchase price from the buyer and, at the same time, delivers all documents necessary for the registration of ownership transfer to the buyer and cooperates with the registration of ownership transfer, and the delivery of the said apartment as of September 20, 2017.

Article 5 The buyer shall reimburse the seller the sum of the down payment before the buyer pays the intermediate payment (if there is no intermediate payment, the remainder), and the buyer may waive the down payment and rescind this contract.

Article 6 If the seller or the purchaser has failed to perform the terms and conditions of this Agreement, the other party may demand the person who has defaulted to perform the contract and cancel the contract.

In addition, a person who has failed to fulfill the contract may claim damages due to the cancellation of the contract, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed.

[Matters of this contract] The parties to this contract agree to the provision and utilization of personal information necessary for this contract.

*The sales contract under the present facility and the registration certificate is confirmed, and the contract is entered into.* Matters not entered in this special agreement shall be in accordance with the provisions of the Civil Act and the general practices of real estate sales.

1. 30,832,125 won is the claim amount for provisional seizure of shares A in the registry, and the seller is 657,60,000 won with maximum debt amount of the collateral security. The seller shall transfer the full ownership to the buyer by removing all the rights to restrict the exercise of ownership, such as provisional seizure and creation of collateral security, or all the taxes and public charges, etc. established on the said apartment;

2. Some of the down payment and intermediate payment shall be paid in cash, and a part shall be transferred to a designated account.

3. The provisional seizure case of registry A shall be the case immediately cancelled after the down payment is made.

B. On August 28, 2017, the Plaintiffs entered into a sales contract with the Defendants on the instant real estate (hereinafter “instant contract”) with mother and child, and the main contents thereof.

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