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(영문) 부산지방법원동부지원 2020.01.22 2019가합592
매매대금
Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of 5% from February 2, 2019 to September 30, 2019, respectively.

Reasons

1. Facts of recognition;

A. On June 12, 2017, the Plaintiff entered into a sales contract with the Defendant, setting the sales price of KRW 280,000,000 for the purchase price of KRW 3412 square meters (hereinafter “instant land”) owned by the Defendant as KRW 3412 square meters (hereinafter “instant sales contract”) and entered into a sales contract with the Defendant, stating “the Plaintiff and the Defendant” in the buyer column, but there is no dispute between the Plaintiff and the Defendant as to the instant sales contract and the Defendant.

On the same day, the down payment of KRW 30,000,000, the intermediate payment of KRW 120,000,000 on June 13, 2017, and the remainder of KRW 150,000,000 on November 12, 2017 were paid to each Defendant.

Of the above money, KRW 5,000,000 was paid to F who arranged the instant sales contract at the Defendant’s request.

In the column for the terms and conditions of the contract of this case, the excellent business operator (the defendant) shall bear the cost of packing the road in the column for the contract of this case.

" must state the content."

B. On July 24, 2018, the Plaintiff terminated the above sales contract with the Defendant; however, the Defendant agreed to pay the Plaintiff KRW 300,000,000 (i.e., interest of KRW 280,000,000 for the amount already paid (hereinafter “instant agreement”). The key contents of the instant agreement are as follows.

On June 12, 2017, the buyer received 30,000,000 won as down payment as of June 12, 2017, and the buyer received 120,000,000 won as of June 13, 2019.

As of November 12, 2017, the remainder 130,000,000 won (it is possible to transfer ownership to take place on January 10, 2018 due to the purchaser’s circumstances) from November 12, 2017. Thus, 5,00,000,00 won was paid in full at that time by the buyer but the buyer was unable to transfer ownership due to the buyer’s failure to repay loans secured by the said real estate, and if the buyer disposes of the ownership as part of the instant land (including D and E), the seller immediately received the real estate sales amount from the buyer.

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