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(영문) 서울남부지방법원 2019.03.19 2018가합1521
소유권이전등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On July 21, 2018, the Plaintiffs concluded a sales contract for the said real estate with the Defendants, each of which owns 1/2 shares of the real estate listed in the separate sheet (hereinafter “instant real estate”), and set the sales price of KRW 1,107,00,000, and the intermediate payment of KRW 110,000,000, and the intermediate payment of KRW 200,000 (as of September 12, 2018, the payment date), as KRW 797,00,000,000 (as of October 5, 2018).

B. Article 1(2) of the above sales contract provides that “The purchase price referred to in paragraph (1) shall be paid in the presence of a practicing licensed real estate agent, unless otherwise stipulated,” and Article 6 provides that “if a buyer delivers money or goods to a seller as a down payment or a security deposit at the time of the contract, unless otherwise stipulated, the seller may repay a double payment of the down payment, and the buyer may waive the down payment and rescind this contract, until he pays the intermediate payment (if there is no intermediate payment agreement, unless otherwise stipulated, the remainder).” Article 4 of the special agreement provides that “10,000,000 won out of the sales contract shall be remitted, and the remainder down payment shall be KRW 20,00,000,000 from July 23, 2018.

7. By 24.24.80,000,000 won shall be remitted to the seller’s account.

The account number of Defendant D is stated in the letter, and Article 5 of the special agreement is stated.

C. The Plaintiffs, who paid the down payment to Defendant D’s account, deposited KRW 80,000,000 on August 27, 2018, which was prior to the date of the payment of the intermediate payment under the contract, with the concerns that the real estate price would be rescinded due to the sudden increase in the real estate price, and transferred KRW 120,000,000 on August 30, 2018 to Defendant D’s account.

On the other hand, on September 5, 2018, the Defendants: (a) with the Plaintiffs as the principal deposit; (b) KRW 220,000,000, which is a part of the down payment under the sales contract; and (c) with the Defendants.

The sum of KRW 200,000,000 deposited as stated in the same paragraph was deposited as KRW 420,000,000. On the same day, the notice stating the Defendants’ intent to cancel the sales contract was sent to the Defendants, and the notice was sent to the Defendants on September 11, 2018.

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