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(영문) 춘천지방법원강릉지원 2015.04.15 2014가단201069
매매대금반환
Text

1. The Defendant: (a) KRW 35 million to the Plaintiff and the Plaintiff’s annual rate of 5% from May 24, 2014 to April 15, 2015.

Reasons

1. Facts of recognition;

A. A. Around September 2009, the Plaintiff purchased the instant real estate at KRW 600 million with the Defendant and Gangnam-si C, D, E, F, G, H, I’s land, and the above ground J (hereinafter “instant real estate”). The Plaintiff concluded a sales contract with the Defendant on the date of the contract, the intermediate payment of KRW 70 million on the date of the contract, the intermediate payment of KRW 70 million on the date of the contract, and the remainder of KRW 480 million on the date of December 30, 2010 (hereinafter “the first sales contract”), and paid KRW 50 million on the date of the contract to the Defendant, and the intermediate payment of KRW 70 million on the date of the contract, three months after the date of the contract, respectively.

B. On December 30, 2010, the remaining payment date of the first sales contract, the Plaintiff requested the Defendant to extend the payment date of the remainder.

C. The Defendant accepted the Plaintiff’s request, and collected the first sales contract from the Plaintiff, and on December 31, 2010, sold the instant real estate in the purchase price of KRW 600 million between the Plaintiff and the Plaintiff, and on December 31, 201, a sales contract was prepared and delivered to the Plaintiff with the content that the remainder KRW 120 million shall be paid as of December 30, 201 at the time of the contract, and the remainder KRW 480 million shall be paid as of December 30, 201.

On December 28, 2011, the Defendant sent to the Plaintiff a peremptory notice stating that “In the event that any balance is not paid by December 30, 2011, which is the date of the payment of the balance under the second sales contract, the contract shall be deemed not to have the meaning of performing the contract, and the second sales contract shall be cancelled as of January 1, 2012, and the down payment shall be confiscated in KRW 120 million.” The Defendant was served to the Plaintiff around that time.

E. On December 30, 201, the remaining payment date of the second sales contract, the Plaintiff failed to pay the remainder to the Defendant, and expressed the Defendant’s intent to waive the purchase of the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. The real sales contract for the instant real estate between the Plaintiff and the Defendant is the first sales contract.

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