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(영문) 부산지방법원동부지원 2020.04.23 2019가합479
매매대금반환
Text

1. As to the Plaintiff KRW 202,00,000 and KRW 200,000 among them, the Defendant shall pay to the Plaintiff KRW 200,000 from January 11, 2018, and KRW 2,000,00.

Reasons

1. Facts of recognition;

A. In 2017, the Defendant issued a sales contract with respect to D Apartment 11th floor E (hereinafter “instant apartment”) in Busan, which was sold in lots by C as security for the Defendant’s loan to C (hereinafter “C”).

The purchase and sale price for real estate: 201,00,000 won for a down payment of KRW 20,000 (200,000,000) is paid at the time of the contract. The remainder of KRW 181,00,000 for a contract (180,000,000) shall be paid at the same time as the registration of ownership preservation is made: Provided, That the remainder shall be paid at the time of financing generation as the registration of ownership preservation and the sale in lots shall be 225,70,000,000 for a transfer registration cycle as is.

When a seller receives any balance, he/she shall pay the seller the documents required for the registration of ownership transfer.

(b).

On December 11, 2017, the Plaintiff entered into a sales contract with the Defendant to purchase the instant apartment as follows (hereinafter “instant sales contract”). On the same day, the Plaintiff paid KRW 20,000,000 to the Defendant for the down payment under the instant sales contract.

C. After that, the registration of ownership preservation was completed in the name of C on December 29, 2017, and the registration of ownership transfer was completed in the name of G Co., Ltd. on the same day. On January 11, 2018, the Plaintiff paid the Defendant the remainder of KRW 180,000,000 according to the instant sales contract, and around that time, paid KRW 2,00,000 as brokerage commission to F.

The main contract of confirmation (the instant contract refers to as “the instant contract”) is concluded, and the trustee G Co., Ltd. will not complete the registration of ownership transfer to the Plaintiff by June 30, 2018, without all bonds and obligations.

The defendant

6. If the contract is not transferred by 30.30,000,000 won and the total expenses that the buyer received to the Plaintiff are to be refunded.

D. The defendant is fully aware of the purchase price according to the sales contract of this case from the plaintiff.

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