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(영문) 대전지방법원 2018.11.21 2018가합104386
매매대금반환
Text

1. Of the instant lawsuit, the part of the first preliminary claim against Defendant B is dismissed.

2. The plaintiff's defendant.

Reasons

Basic Facts

On November 20, 2015, the Plaintiff entered into a contract with the Defendant Company to purchase the sixth floor E (hereinafter “instant building”) of Sejong Special Self-Governing City in KRW 578,176,560 (hereinafter “instant sales contract”). Under the instant sales contract, the Plaintiff paid the Defendant Company the down payment of KRW 115,635,310, intermediate payment of KRW 231,270,60 in total, KRW 346,905,910, respectively.

On October 6, 2016, the Plaintiff entered into a sales contract for the right to sell the instant building under the said sales contract with Defendant C (hereinafter “instant resale contract”) and entered into a sales contract with Defendant C on October 6, 2016 as follows.

around that time, the Defendant Company and the Plaintiff Company: 578,176,560 won for the resale contract of this case between the Plaintiff and Defendant C: 554,00,000 won for the down payment: 53,00,000 won for the remainder payment ( October 6, 2016): 525,176,560 won for the contract under the status of the right to sell, for the comprehensive transfer and takeover of value, for the sale terms and conditions of the sale, for the sale price of which no premium is any premium: 578,176,560 won for the purchase price (including additional tax 24,176,560 won) - 24,176,560 won for the actual transaction amount of KRW 554,00,000 for the total transaction amount of KRW 110,80,000 for the intermediate payment of KRW 260,300,300 for the intermediate payment of KRW 300,300.

The transferee shall succeed to the balance 40% 231,270,620 won (including value-added tax).

The name of the sale right was approved and changed to the defendant C.

From October 4, 2016 to October 9, 2014, Defendant C paid the Plaintiff KRW 103,000,000,000, in total, five times pursuant to the instant resale contract.

On November 14, 2016, the Defendant Company informed the Plaintiff and Defendant C of the occurrence of overdue charge (12% per annum) due to the delay in the payment of the remainder of the instant sales contract, urged the Defendant to perform the payment of the outstanding charge, and urged the Defendant C to make the payment again on November 21, 2016.

However, as the balance is not paid continuously, the Defendant Company shall deduct Defendant C from penalty (10%) for breach of the contract on January 19, 2017, the intermediate payment interest-free interest, and the overdue payment with other arrears, public charges, etc.

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