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(영문) 대전지방법원홍성지원 2017.09.26 2015가단11311
소유권이전등기
Text

1. The Plaintiff (Counterclaim Defendant) is simultaneously paid KRW 576,447,770 from the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 13, 2014, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant on the first floor and 105 unit of the 1st unit of the D Building in Chungcheongnam-gun, Chungcheongnam-gun, the Defendant sold via C (hereinafter “instant commercial building”), and among them, the sales contract for the said 105 unit (hereinafter “instant store”). The main contents are as follows.

(‘A’ refers to the Defendant, and “B” refers to the Plaintiff). The Plaintiff paid the down payment of KRW 118,450,000 to the Defendant on the same day.

The number of units in a sales contract: Article 1 (Sales Price and Payment deadline) of the franchise agency (the sale price and payment deadline) of the first floor area: the exclusive area of 56.58 square meters, the public area of 28.57 square meters, the area of 85.17 square meters: the unit area of facilities:

1. A shall supply the above displayed property by the following methods, and B shall deposit the relevant amount into the account referred to in paragraph 3:

(1) Total amount of the sale price: 633,707,50 won (including value-added tax) - Sales down payment (20%): October 13, 2014 on the payment date; 100,8450,000 won (80%) - Sale balance (80%) within seven days after the completion of the payment date; the payment amount of KRW 477,380,000 - Value-added tax - Amount of KRW 41,457,500 on the payment date; the remainder of the payment date; and

1. Where Party A has performed an act falling under any of the following subparagraphs with a fixed grace period of not more than five days and where Party A has not performed such act within such period, Party A may rescind this contract and Party B may not raise an objection even if the cancelled property is re-saleed to other party:

section 5 (Penalty and Return) if the balance under this Agreement is not paid by the due date of the contract for payment

1. Where this contract is terminated for reasons falling under paragraph 1 of Article 4, 10% of the total sale price shall revert to A with penalty and refund the remaining amount to B;

2. In the case of the preceding paragraph, B may not claim against A the period for the sale price already paid.

Article 11 (Types and Categories of Business)

1. B is appropriate for the sale purpose of Gap;

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