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(영문) 서울중앙지방법원 2018.11.29 2018가합531644
매매대금반환
Text

1. The Defendant’s KRW 500,000,000 as well as the Plaintiff’s annual rate of 6% from June 2, 2018 to November 29, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of running a housing construction business, etc., and the Defendant is a company established for the purpose of selling and selling real estate and leasing business.

B. On November 29, 2017, the Plaintiff and C Co., Ltd. (hereinafter “C”) concluded a sales contract with the Defendant with the following content: (a) the Plaintiff and C purchased 12,700 square meters of D forest land 38,583 square meters from the Defendant in Namyang-si, Namyang-si (hereinafter “instant land”).

(hereinafter “instant sales contract” and “the instant contract” are referred to as “the instant contract”). A real estate sales contract (the Defendant), a buyer (the Plaintiff and C) enter into a contract with respect to the following real estate:

The location of real estate of 12,700 square meters out of total area of 38,583 square meters for the preservation and management of the land category: The seller of Article D1 in Nam-si, Namyang-si, Gyeonggi-do shall transfer the above real estate to the purchaser with the price indicated below, and the buyer shall purchase it:

(Location) Article 2: (A seller shall have all documents necessary for the registration of transfer of ownership at the time of the receipt of the balance of the purchase price and at the same time of the registration of the transfer of ownership, and the delivery date of the said real estate shall be January 30, 2018, the delivery date of the said real estate shall be January 30, 2018, with the amount of KRW 2.6 billion paid in the intermediate payment of KRW 300 million on December 27, 2017, the outstanding payment of KRW 2.1 billion on December 28, 2017, the outstanding payment of KRW 2.1 billion on December 28, 2017.

The burden of taxes, public charges, etc. on the above real estate under Article 3 shall be determined as of the delivery date of the above real estate.

Article 4 The seller shall actively cooperate with the seller and the other buyer in connection with the development activities of the buyer and the construction of the road in the complex.

Special Agreement:

1. The location shall be indicated on the temporary partition map;

(Provisional Subdivision) No. 12

2. The registration of a sales contract No. 115030 on the register shall be cancelled at the time of a contract.

3. The right to collateral security, No. 115029, No. 5, Dong-gu.

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