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(영문) 광주지방법원 2017.06.09 2016가단516498

약정금

Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On April 26, 2016, the Defendant purchased the Nam-gu Seoul apartment 105 Dong 2204 (hereinafter “instant apartment”) from the Plaintiff, and the contractual terms are as follows, and paid the down payment of KRW 30,000,000 on the same day.

The sales price: 305,00,000 won: The seller shall deliver all the documents necessary for the registration of transfer of ownership to the buyer simultaneously with the receipt of the balance of the sales price and shall cooperate in the registration procedures.

The delivery date of the above real estate shall be May 31, 2016.

Article 5 (Cancellation of Contract) The seller may reimburse the seller of the intermediate payment (if there is no intermediate payment, the remainder) before the buyer pays the intermediate payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or a purchaser has defaulted on the terms and conditions of this contract, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

1. The buyer is on-site and on-site, and is a sales contract under the present facility, and confirms the certificate of registered matters, and concludes the contract. 2. The seller is responsible for the total sum of boiler normal operation and households from the remainder to 30 days.

The apartment of this case, due to the defects in common areas, such as rooftop floor and wall cracks, caused problems such as milching and funging fungs, etc., which are exclusive areas, and to solve this problem, waterproof construction was conducted three times from September 2008, and waterproof construction was conducted during the period from May 31, 2016 to June 1, 2016.

C. The Defendant is with the Ministry of Justice on June 22, 2016.