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(영문) 대전지방법원 2017.05.18 2016나108456
계약금반환
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

Basic Facts

On July 12, 2013, the following sales contract was concluded between the Plaintiffs and the Defendant with respect to each of the real estate listed in the separate sheet owned by the Defendant (hereinafter “each of the instant real estate”) (hereinafter “instant sales contract”); and on the same day, the Defendant was paid KRW 40,000,000 as down payment from the Plaintiffs.

On July 12, 2013, the date of payment of the purchase price of KRW 480,000,000, the down payment of KRW 40,000,000 shall be paid by the seller (Defendant) on August 12, 2013, the amount of the down payment shall be reimbursed by the seller at the end of the contract, and the buyer (Plaintiff) shall waive the down payment at the end of the contract and shall not claim the return of the down payment.

Matters of special agreement

1. Contract in kind;

2. The tin Han-dong branch (the maximum bond amount of KRW 390,000,000) of the Agricultural Cooperative Federation of the instant real estate will be the cancellation key at the seller’s expense until the balance is due.

3. To comprehensively transfer and acquire all rights and obligations with respect to projects incidental to the sale and purchase transaction of each of the instant real estate.

The current status of the lease agreement existing in relation to each of the instant real estate at the time of the instant sales contract (hereinafter “the lease of this case”) is as follows.

The real estate of KRW 34,00,000, KRW 2F (G) 5,000,000, KRW 34,000,000, KRW 14,000 as of the time of the instant sales contract for the instant real estate of KRW 34,00,000, KRW 340,000 as of the time of the instant sales contract, was set up by the collateral security (hereinafter “instant collateral security”) with the maximum claim amount of KRW 390,00,000, KRW 300,000, KRW 300,000 as the collateral for the instant collateral security (hereinafter “instant collateral security”). The collateral secured by the instant collateral was KRW 300,00,000, KRW 300.

On November 11, 2013, the Defendant issued against the Plaintiffs a deposit number 2013 water No. 4 with the Daejeon District Court (Seoul District Court), “The letter of delegation for the registration of the transfer of the instant real estate, the certificate of the Defendant’s sale, the abstract of the Defendant’s resident registration, and the registration right to the instant real estate.”

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