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(영문) 수원지방법원 안양지원 2018.10.05 2017가단106211

매매대금반환

Text

1. Each of the main claims by the Plaintiff (Counterclaim Defendant) and each of the counterclaim claims by the Defendant (Counterclaim Plaintiff) against the Plaintiffs.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is an executor who carried out the construction and sale business of the Mayang-gu C Commercial Building (hereinafter “instant commercial building”) in Ansan-si, and the Plaintiffs are several buyers who bought part of the instant commercial building.

B. On April 4, 2017, the Plaintiffs: (a) between the Defendant on April 4, 2017; (b) Plaintiff A’s KRW 836,753,400 of the sales price; and (c) Plaintiff B’s sales contract between Plaintiff B and the sales price of KRW 793,954,840 of the sales price of the instant commercial building; and (d) the sales contract between Plaintiff B and the sales

this section. The principal of this section has been

Details are as follows:

hereinafter referred to as "the sales contract of this case"

(1) Article 1 (Methods of Payment): 10% of the parcelling-out price; 40% of the parcelling-out price; loans (15% of the outstanding amount on April 5, 2016; 10% of the outstanding amount on June 5, 2016; 3rd 15% of the outstanding amount on August 5, 2016): 50% of the outstanding amount; and 7 (Cancellation of Contract) where the Plaintiff committed an act falling under subparagraph (a) of Article 1 at the time of completion, the Defendant may cancel this contract by setting a grace period of 14 days, if the Plaintiff does not perform such act after the due date of payment (a) 30 days after the due date of payment; (b) where the Plaintiff did not pay the outstanding amount (a) where it is recognized by the Defendant after the due date of payment, the Plaintiff may cancel this contract on his own at the time of payment; (b) where the contract is cancelled due to reasons falling under paragraphs (1) through (2) above, the Plaintiff shall pay the outstanding amount to the Plaintiff.