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(영문) 울산지방법원 2015.09.09 2015가단51455
매매대금반환
Text

1. The Defendant’s KRW 40 million and the following day from March 5, 2015 to September 9, 2015 with respect to the Plaintiff’s KRW 50 million.

Reasons

1. Facts of recognition;

A. On April 1, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase the purchase price of KRW 670,000,000 (the remainder of KRW 60,000,000,000,000,000 for intermediate payment of KRW 192,000,000,000,000,000,000,000) and the building constructed on the land (hereinafter in this case’s building) owned by the Defendant and the Defendant.

(hereinafter) At the time of the instant sales contract, the Plaintiff agreed that the Defendant and the instant land shall be transferred in the form of ownership transfer registration in the form of ownership transfer registration, and that the instant building shall be transferred in the name of the buyer designated by the Plaintiff.

At the time of the instant sales contract, the Plaintiff agreed to pay KRW 10 million out of the Defendant and the down payment of KRW 60 million on the day of the sales contract, the remaining down payment of KRW 50 million on April 2, 2014, the intermediate payment of KRW 190 million on May 20, 2014, and the remainder of KRW 420 million on July 31, 2014 (the remainder payment may be adjusted according to the schedule of the instant building construction, and shall be paid within one month after the completion).

On April 1, 2014, the Plaintiff paid the Defendant KRW 10 million out of the down payment of KRW 60 million, and KRW 50 million in the remainder of the down payment on April 2, 2014. On May 20, 2014, the Plaintiff paid KRW 40 million out of the intermediate payment of KRW 190 million.

B. At the time of the instant sales contract, the Plaintiff agreed with the Defendant to make an estimated amount of damages for nonperformance of the obligation to pay the down payment amounting to KRW 60 million.

C. After completing construction of the instant building on July 2014, the Defendant urged the Plaintiff to pay the remainder of KRW 150 million and the remainder of KRW 420 million among the designation of purchaser and intermediate payment in the name of the buyer necessary to obtain approval for use, and the Plaintiff did not implement the said demand.

On November 4, 2014, the Defendant obtained approval for the use of the instant building in its name, and completed registration of ownership preservation in its name on November 17, 2014.

The Defendant’s content certification to the Plaintiff on October 1, 2014 and “ October 1, 2014.”

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