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(영문) 의정부지방법원 2015.11.27 2015가합2451
매매대금등
Text

1. The Defendant’s KRW 124,400,000 as well as 20% per annum from March 26, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. The following facts of recognition do not conflict between the parties, or may be acknowledged in full view of the respective entries and arguments in Gap evidence 1 to 4, and there is no counter-proof otherwise.

On October 20, 201, the Plaintiff entered into a sales contract with the Defendant with the content that: (a) the Plaintiff shall divide a specific part of KRW 767 square meters out of KRW 18,117 square meters of C Forest land owned by the Defendant and purchase KRW 75,900,00,000; (b) the intermediate payment of KRW 10,000,000 shall be paid on the date of the contract; and (c) the intermediate payment of KRW 10,000,000 shall be paid after cadastral surveying; and (d) the remainder of KRW 25,90,000 shall be paid after land cadastre (hereinafter “instant sales contract”); and (e) the main content of the instant sales contract is as follows

Article 4 The seller shall pay to the seller debts and taxes and public charges related to the real estate as of the date of payment of the balance.

Section 6. The seller shall reimburse the amount of the down payment at the time of the termination of the contract, and the buyer shall waive the down payment and shall not request the return thereof.

Matters of special agreement

1. The transfer of ownership shall be conducted as classified into land cadastre administrative procedures;

B. According to the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 40,000,000 on the day of the contract, and thereafter, according to each of the statements in the intermediate payment of KRW 10,000,000 and KRW 34,400,000,00 for the civil construction cost as well as the evidence Nos. 2 and 3,44,400,00 for the civil construction cost as stated in the instant complaint, the “civil construction cost of KRW 3,44,00” appears to be

A. The payment was made.

C. On November 22, 2011, the Defendant completed the registration of the establishment of a neighboring livestock cooperative, the maximum debt amount of 273,00,000 square meters, which is the 18,117 square meters of C forest land in Chuncheon-si without the Plaintiff’s consent, with respect to the entire land of 18,117 square meters of Chuncheon-si C forest land on November 22, 201.

On February 13, 2012, C Forest land of 18,117 square meters in the foregoing Chuncheon-si was registered in installments with C Forest land of 13,790 square meters and D forest land of 4,327 square meters. The defendant is the plaintiff on November 13, 2012.

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