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(영문) 의정부지방법원고양지원 2016.02.16 2015가합73371
매매대금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 12, 2010, the Plaintiffs entered into a contract with Nonparty D (the deceased on December 9, 2014, hereinafter “the deceased”), the Defendant’s husband, to purchase KRW 120 square meters of F forest land and cement and wood structure C (hereinafter “instant real estate”) on the registry, or in substance, to purchase KRW 400 million of cement and wood structure C (hereinafter “instant sales contract”).

(B) The contract shall state that the deceased was represented by the company of this case.

Among the contents of the instant sales contract, the main contents related to this case are as follows.

Article 2: Until February 26, 2010, the Deceased shall deliver all the documents necessary for the registration of transfer of ownership, and shall cooperate in the registration procedure, and shall deliver the first real estate on March 1, 2010.

Article 6 If the deceased or the plaintiffs fail to perform their obligations under the instant sales contract, either party to the contract shall notify the other party of the performance in writing, and if he/she fails to perform this, he/she may rescind the instant sales contract.

(Omission)Matters of special agreement.

2. If the Deceased violated Article 2, he/she shall compensate the Plaintiffs at the rate of KRW 100,000 per day.

B. The Plaintiffs paid 400 million won to the Deceased by January 28, 2010, pursuant to the instant contract, but the Deceased breached his/her duty to transfer and deliver the ownership of the instant real estate No. 1, and thus, received a partial refund of the sales price after cancelling the instant sales contract verbally.

C. On February 6, 2012, the Plaintiffs would pay to the Plaintiffs KRW 280,000,000 from the Deceased until February 29, 2012, and if the Plaintiffs are unable to pay it, the Plaintiffs would pay damages for delay calculated by adding KRW 20,000,000 to KRW 300,000 until February 29, 2012 and damages for delay calculated at the rate of 20% per annum from March 1, 2012 to the date of full payment.

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