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(영문) 전주지방법원 2014.01.14 2013가단241
계약금반환 등
Text

1. As to the Plaintiff KRW 60,000,000 and its KRW 10,000 among them, the Defendant shall pay to the Plaintiff KRW 10,000 from September 24, 2012, and KRW 10,00,00.

Reasons

1. Basic facts

A. On September 24, 2012, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 394 square meters and buildings on the land (hereinafter “instant real estate”) located in Geumcheon-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City), whereas KRW 10 million out of the down payment of KRW 40 million shall be paid on September 24, 2012; KRW 260 million shall be paid on October 2, 2012; and the remainder of KRW 260 million shall be paid on November 19, 2012; the Defendant, at the same time, entered into the sales contract with the Plaintiff to deliver all necessary documents for the registration of transfer of ownership to the Plaintiff and to cooperate in the registration procedure (hereinafter “instant sales contract”).

B. On the same day, the Plaintiff entered into a contract with the Defendant for the transfer of goods and sales rights for childcare centers (hereinafter the instant contract for the transfer and acquisition of goods and sales rights to be paid on November 19, 2012) with the content that the Defendant shall pay for all goods and sales rights within the pertinent childcare center (hereinafter the instant childcare center) operated by the Defendant, on the same day.

C. On September 24, 2012, the Plaintiff paid to the Defendant the sum of KRW 40 million, including KRW 10 million as down payment, KRW 10 million as of September 27, 2012, and KRW 20 million as of October 2, 2012.

On November 19, 2012, the Plaintiff provided the Defendant with a total of KRW 460 million for the purchase and sale of the instant real estate and the transfer and acquisition price of the instant real estate to the E Licensed Real Estate Agent Office, which arranged each of the instant contracts. The Defendant refused the implementation of the procedures for the transfer of ownership of the instant real estate without receiving the said money and the implementation of the procedures for the transfer of business rights of the instant childcare center.

[Evidence] Each of Gap evidence Nos. 1, 3, 4, 5 (including paper numbers), Eul evidence Nos. 4 and 5, witness F, and G's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts as to whether each of the contracts of this case was lawfully rescinded, the Defendant is the remainder of the sales contract of this case from the Plaintiff on November 19, 2012, which is the remainder payment date.

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