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(영문) 창원지방법원통영지원 2015.10.13 2015가단5001
매매대금반환
Text

1. The Defendant’s KRW 30,000,000 and the Plaintiff’s annual rate of KRW 5% from June 24, 2015 to October 13, 2015, and the following.

Reasons

1. Facts of recognition;

A. On June 8, 2011, the Plaintiff purchased 694 square meters of land C and D (hereinafter “instant land”) from the Defendant on a deposit basis at KRW 100 million. However, the Plaintiff shall pay KRW 10 million of the contract date and the remainder 90 million to the Defendant on July 31, 201, and paid KRW 10 million of the down payment to the Defendant on June 14, 201.

B. On July 31, 201, the Plaintiff is the Defendant.

The remainder under the sales contract stated in the port was not paid. Around that time, the Defendant agreed to pay the remainder of KRW 30 million between the intermediate payment and KRW 60 million on August 11, 2011, and the remainder of KRW 60 million on December 31, 2011. On August 12, 2011, the Defendant paid the intermediate payment of KRW 30 million to the Defendant.

(hereinafter) As seen above, the sales contract changed with respect to the payment of the purchase price (hereinafter “instant sales contract”).

On December 31, 2011, the Plaintiff requested that the Plaintiff obtain permission for development activities on the instant land without paying the remainder to the Defendant. On April 3, 2012, the Plaintiff sent to the Defendant a content-certified mail to the effect that the instant sales contract was revoked on the grounds of nonperformance of obligations regarding the said permission for development activities, and that the Defendant sought restitution for the total amount of KRW 40,000,000 for the down payment and the intermediate payment (in the content-certified mail, it is clear that the content-certified mail stated the “cancellation”, but it is the purport of cancelling the sales contract and seeking restitution) and that the content-certified mail reached

After December 31, 2011, the Defendant urged the Plaintiff to pay the remaining purchase price of KRW 60,000,000 to the Plaintiff. The Plaintiff is also the Plaintiff.

As indicated in Paragraph (1), the instant sales contract was revoked and the Defendant expressed his intent not to perform the obligation to pay the remaining purchase price. On September 15, 2015, the Defendant notified the Plaintiff of the cancellation of the instant sales contract on the ground that the Plaintiff failed to perform the obligation to pay the remainder under the instant sales contract on the second date for pleading.

【Ground of Recognition】 Evidence Nos. 1, 2, and 2 through 4 respectively.

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