(영문) 광주지방법원목포지원 2014.09.18 2013가합2110

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(영문) 광주지방법원목포지원 2014.09.18 2013가합2110

계약금반환

Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 21, 2003, the Plaintiff’s East C entered into a contract with the Defendant to purchase real estate and its ground buildings, etc. (hereinafter “instant real estate”) from the Defendant for KRW 6,00,000,000 (hereinafter “instant sales contract”).

The contents of the instant sales contract relating to the instant case are as follows.

Article 2 (Sales Price) The sale price shall be KRW 6,000,000.

The down payment of KRW 600,000,000 shall be paid at the time of concluding a contract, and the balance of KRW 5,400,000 shall be paid within three months from the contract date (within November 21, 2003).

Article 3 (Transfer of Ownership and Delivery of Goods Sold) A (Defendant) simultaneously with the payment of any balance of B (C) and deliver all documents required for the registration of transfer of ownership to B and cooperate in the procedures for registration of transfer.

Provided, That the expenses for the transfer of registration shall be borne by Section B.

Article 4 (Cancellation of Mortgage, etc.) A shall, at the same time as the receipt of any balance, implement procedures for registration of cancellation of collateral security and superficies established on the attached list.

Article 5 (Transfer of Affiliateds) The articles attached to the sale real estate at the time of delivery referred to in Article 3 shall be included in the objects of sale.

Article 7 (Cancellation of Contract and Penalty) (1) A shall waive the down payment by the time the balance under Article 2 is paid, and A may cancel the contract by repaying a double of the down payment.

(2) Where any one of the parties neglects to perform a contract in violation of this contract, the other party shall be urged to grant a grace period of two weeks and where one party fails to perform a contract within the maximum period, the other party may rescind the contract, and where any cause attributable thereto exists, the other party shall be held liable under paragraph (1).

Matters of special agreement

1. B may perform the repair work of any sale and purchase building with the written consent of A in advance after concluding the contract;

2. Eul shall bear all public charges (electric and water supply taxes) imposed after the commencement of repair works for a sale building;

And Eul will begin with the beginning of works.

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