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(영문) 전주지방법원 2017.02.08 2015가단39199
계약금반환청구
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On November 18, 2005, the Plaintiff purchased from the Defendant, on November 14, 2005, the land (hereinafter “each of the instant real estate”) on three parcels, including the purchase price, which was sold to the Jeonjin-gu Seoul District Court C voluntarily auction procedure, at KRW 1,000,000,000. The Plaintiff paid the down payment of KRW 80,000,000 on the date of the contract, and the intermediate payment decided to succeed to the obligation of KRW 590,000,000,000,000,000,000,000 won, which was loaned as security, to be paid on December 19, 2005.

(hereinafter “instant sales contract”). B.

The plaintiff was unable to pay the balance on the above remaining payment date, and the plaintiff and the defendant agreed on December 20, 2005 to extend the remaining payment date to January 30, 2006, and on December 21, 2005, the plaintiff paid five million won as interest on the above loan obligation to the defendant on December 21, 2005.

C. However, the Plaintiff did not pay any balance even after the extended payment date.

On April 13, 2006, the Defendant received KRW 330 million from E (hereinafter “E”). On April 18, 2006, the Defendant completed the registration of ownership transfer for each of the instant real estate from a limited liability company E on April 13, 2006, and E completed the registration of ownership transfer for the acquisition of a loan contract on the same day, changing the debtor from the Defendant to E on August 14, 2006.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 2 and 3 evidence (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion also did not pay the remainder until the remainder payment date as extended. If the Plaintiff wishes to purchase and sell each real estate of this case between F and F, an agent of the Defendant, the Plaintiff agreed with F to refund the down payment already paid to the Plaintiff KRW 80 million, and the Plaintiff and E.

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