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(영문) 수원지방법원 2016.08.09 2015가합71484
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

On July 27, 2010, the Plaintiff and C entered into a contract with the Defendant to purchase land listed in the separate sheet No. 1 as KRW 9.2 billion (hereinafter “instant contract”) with the Defendant, and the main contents of the said contract are as follows.

On the same day, the Plaintiff paid the Defendant the down payment of KRW 920 million according to the instant sales contract.

Article 2 (Sales Price, etc.) Sales Price and methods of payment thereof shall be determined as follows:

(1) The purchase price shall be nine billion won.

(2) A contract bond shall be KRW 920 million, which shall be paid to a seller simultaneously with this contract.

(3) Any balance shall be deposited in a seller's deposit passbook designated by the seller within one month from the date of final acquisition by the buyer or a person who has received all authorization and permission (Class II industrial-type district unit planning, development activities, land transaction permission, etc.) on real estate for sale with 8.28 million won.

(Provided, That the remainder of the land for the stock farm, which is the land listed in the table 1 and 2 attached Table 1, shall be KRW 5 billion until December 15, 2010, and the remainder of the remaining real estate shall be paid until March 30, 2010). (4) The sale and purchase real estate shall be based on what is indicated on the land cadastre, and if it is different from the actual area due to a subsequent survey, etc., it shall be the actual area, and the purchase price shall be corrected according to the area, and the corrected amount shall be settled by increasing or decreasing the balance.

Article 3 (Registration of Transfer, etc. of Ownership) The seller shall confirm that any balance of real estate sold by the buyer or a person designated by the buyer in the future has been deposited, and immediately transfer all documents necessary for the registration of transfer of ownership to a certified judicial scrivener along with the buyer.

Article 5 (Loan on Security) (1) In cases where a buyer or a buyer of the instant real estate pays any balance with a loan secured by the instant real estate, a financial institution to receive a loan.

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