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(영문) 전주지방법원 2016.07.21 2015가단38431

분양계약금반환청구의소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From November 14, 2014, the Defendant started to build a commercial building (hereinafter “instant building”) with six stories above ground and one story below ground on the 916m2m2 in Ysan-gu Seoul Special Metropolitan City, Jeonju-si, the Defendant owned by the Defendant.

Article 1(2)(hereinafter the same shall apply)(B)(hereinafter the payment method for the payment of the amount of chip supply) shall be paid by the “A” (the defendant; hereinafter the same shall apply) to the bank’s account designated in this section(s) in his/her own name within the due date for payment as follows. The name, contractual floor, and number of deposits must be entered in the bank’s account designated in this section(s)(3) and the name, contract class,

Article 4 (Cancellation of Contract for 64,537,30 won in aggregate of the supply value of 64,537,30,835,700 won in value of 47,471,400 won in value of supply on the fixed date of the contract for the contract for the contract of the contract for the remaining down payment (90%) ① When the “B” commits any of the following acts, the “B” may cancel this contract after giving a peremptory notice twice or more for a grace period of 14 days or more, and for the absence of such performance:

1. Where he fails to pay any balance under Article 1 even after the lapse of 30 days from the date of the payment agreement;

2. When the provisions of this Agreement are not complied with, 2. Where “B” commits an act falling under any of the following subparagraphs, “A” may rescind the contract without the peremptory notice of performance.

1. Where the “B” has been subject to actual transfer, lease, establishment of security, establishment of limited real rights, etc. at will without the prior approval of “A” with respect to other rights and duties under this supply contract;

2. Where the shape of the above store was modified without the approval of "A";

3. Where it is proved that the document submitted by “B” is not true.

4. In a case where the sale of goods by intention or negligence of “B” causes damage to “A” or is likely to cause damage to “B” or impede the operation of the entire building due to other acts prior to the transfer of ownership.