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(영문) 의정부지방법원고양지원 2016.10.26 2015가단90454

계약금 반환

Text

1. The Defendant’s KRW 167,392,50 for the Plaintiff and KRW 5% per annum from November 15, 2015 to October 26, 2016.

Reasons

1. Facts of recognition;

A. Pungsung Housing Co., Ltd. (hereinafter “Pungsung Housing”) and C Co., Ltd. (hereinafter “C”) decided to jointly carry out apartment construction projects (hereinafter “instant project”) within the Dilju City of Pakistan, and purchased the project site.

B. On March 31, 2004, the Defendant concluded a sales contract with respect to E forest land E 1,884 square meters and F 2,747 square meters (hereinafter “each of the instant land”) with respect to the land owned by the Defendant, as follows:

(hereinafter “instant sales contract”). The purchaser column of the instant sales contract signed and sealed a scenic house, and C, at the bottom of the contract, signed and sealed as a joint executor.

A real estate sales contract (hereinafter referred to as "A") and a joint executor C (hereinafter referred to as "B") shall be called a buyer's scenic house and a joint executor's house (hereinafter referred to as "B") to enter into a sales contract for each land of this case as follows, and implement the contents of the contract on the basis of mutual trust and good faith.

Article 1(Purpose of Contract) In order to purchase each of the instant land owned by “A” and to build urban development projects and multi-family housing in the entire project site within the additional cadastral map (hereinafter referred to as “project site”), the “B” and “B” enter into a sales contract through mutual consultation.

Therefore, the contents of each section of this contract are for the purpose of constructing multi-family housing and neighborhood living facilities.

Article 2 (Sales Price and Payment Method) The purchase price of each of the lands of this case is KRW 1,673,925,00, and the down payment is KRW 167,392,500, within 30 days from the date of completion of the purchase of the land subject to the project, the remainder of KRW 1,506,532,50 shall be paid within 30 days after the project approval.

Article 3 (Cancellation of Contracts)

1. This contract is concluded on the premise of a multi-family housing project of “B”, and if it falls under either of the following, only the notification of “B” may cancel this contract:

1 Change of urban planning;