(영문) 수원지방법원평택지원 2015.10.08 2015가합214

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(영문) 수원지방법원평택지원 2015.10.08 2015가합214

계약금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 19, 2014, the Plaintiff prepared a real estate sales contract and a contract for transfer and takeover of rights (facilities) with the following details on April 19, 2014: (a) the Plaintiff, in the building listed in the attached Table No. 4 (hereinafter “instant real estate”) as indicated in the attached Table No. 4, to purchase all the facilities and goodwill of the Defendant’s medical care center (hereinafter “instant medical care center”) in total for KRW 2.5 billion; and (b) the Plaintiff, on April 19, 2014, entered into a real estate sales

(hereinafter referred to as "the instant real estate sales contract" and, if only the instant real estate sales contract is referred to as "the instant real estate sales contract", the indication of real estate on 1.

2.In the sale of the above real estate in Article 2 of the terms of the contract, the buyer shall pay the purchase price as follows:

The purchase price: 1.20 million won: The balance of 350 million won received: 850 million won: The seller, on April 30, 2014, shall compensate for the double amount of the down payment at the time of the termination of the contract and the buyer shall not claim the return of the down payment at the time of the termination of the contract.

[Matters of special agreement] The buyer shall pay the balance with the security loan of the above real estate, and if the loan falls short of the balance (the amount of the facility cost contract), the deficient amount shall be agreed later on the remainder period.

(1) The contract for transfer and takeover of the real estate sales contract (facility).

1. Indication of real estate: Medical care center of this case;

2.Article 1 of the Contents of the Contract / [Purpose] The transferor and transferee of the right to the above real estate shall enter into a contract for acquisition of the right as follows by agreement:

The balance of 1.3 billion won for total premium shall be paid on April 30, 2014.

Article 4 [Cancellation of Contract] (2) If the transferor or transferee fails to perform the terms and conditions of this Agreement, the other party may notify in writing the person who has failed to perform the contract and cancel the contract.

In addition, the parties to the contract shall be the other party to the contract.

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