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(영문) 대구지방법원 2020.01.31 2017가단133762

계약금등 반환

Text

1. Defendant B Co., Ltd.: (a) with respect to KRW 149,672,720 and KRW 18,709,090 among the Plaintiff, from October 28, 2015, and KRW 37,418.

Reasons

1. Basic facts

A. The Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded each of the instant sales contracts and paid the down payment.

) The F Officetel “F” officetels on the ground, such as Daegu Dong-gu E land (hereinafter “instant Officetel”).

Defendant C Co., Ltd. (hereinafter referred to as “Defendant C”) planning to newly construct the same.

Defendant D (hereinafter “Defendant D”)

(2) On October 15, 2015, the Plaintiff entered into a sales management trust contract and an agency contract with Defendant B, and entered into a contract with Defendant B to purchase the instant officetel G from Defendant B for KRW 87,456,40, and KRW 99,634,50 on October 27, 2015, and KRW 61,219,480 (the total sum of contract deposit and intermediate payment of KRW 8,745,640 (the total sum of KRW 52,473,840) with respect to the said subparagraph and KRW 69,74,150 (the total sum of contract deposit and intermediate payment of KRW 9,963,450) with respect to the said subparagraph and KRW 59,780,700 (the total sum of intermediate payment of KRW 59,780,700) with Defendant D’s account designated by Defendant D.

(B) Article 12(8) of the sales contract of this case provides that “If the occupancy is delayed for not less than three months from the initial scheduled date of occupancy due to a cause attributable to the Defendant B, the buyer may request the Defendant B to cancel the contract, and if the contract is cancelled pursuant to this Article, the Defendant B shall pay the buyer 10% (contract deposit) of the total amount of the sales price to the buyer as penalty.”

2 The scheduled date of each of the instant contracts for sale in lots was set by the end of January 2017. However, Defendant B designated the occupancy date at around December 2017, and the Plaintiff was the first occupancy due to the reasons attributable to Defendant B.