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(영문) 창원지방법원밀양지원 2017.09.27 2016가단11488
매매대금반환
Text

1. For the plaintiffs:

A. As to Defendant C’s KRW 7,729,285 and its KRW 7,285,714, respectively, from May 4, 2016, and 443.

Reasons

1. Facts of recognition;

A. On March 7, 2016, the Defendants succeeded to the G farm site 2957 square meters, H field 429 square meters, 13 square meters, and all of the above ground buildings and facilities (i.e., agricultural machinery, etc.; hereinafter “instant real estate” by combining land and buildings; hereinafter “the instant real estate, etc.”) in combination with the instant real estate and the instant real estate and the instant facilities, etc., which are owned by the networkF, as the heir of the networkF.

(Inheritance Shares: Defendant C3/7 Shares, Defendant D, and E 2/7 Shares). (b)

On March 29, 2016, Defendant C concluded a sales contract with the J and one other for the purchase price of the instant real estate at KRW 270 million (hereinafter “previous sales contract”). However, on May 4, 2016, Defendant C rescinded the previous sales contract on the ground that the remainder of the previous sales contract was not paid by May 3, 2016, which is the remainder of the previous sales contract.

C. On May 4, 2016, the Plaintiffs purchased 1/2 each of the Defendants’ share in the instant real estate, etc. between the Defendants and the Defendants, and paid 378 million won in total. The main contents of the said sales contract (hereinafter “instant sales contract”) are as follows.

Article 1 of the Real Estate Sales Contract: In the sale of the above real estate, the buyer shall pay the purchase price as follows:

The purchase price: 378 million won down payment: 34 million won payment is made at the same time as the contract is made and received to the seller: 340 million won payment is made on June 30, 2016. Article 2 of the receipt: The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price, and shall transfer the complete ownership to the buyer by removing the defects and burdens of the rights until the date of the payment of the balance, if there is any cause for restricting the exercise of ownership, public charges and other charges.

However, this provision shall not apply if otherwise agreed.

ARTICLE 3: above.

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