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(영문) 서울중앙지방법원 2018.10.18 2017가단88580

계약금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On October 23, 2016, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with Defendant B (hereinafter “Defendant B”) with the content that the Plaintiff would purchase KRW 430,000,000 of the sales price of KRW 151.35 square meters in the name of the EF unit unit (hereinafter “instant real estate”), which is a collective housing unit for the ground leasing business outside Pyeongtaek-si D (hereinafter “instant real estate”), as the buyer, from Defendant 1, the project implementer.

The main contents of the instant sales contract are as follows.

The Plaintiff divided the down payment of KRW 43,000,000 as KRW 2,00,000 on October 23, 2016, which is the date of the contract, and paid to Defendant 1 as KRW 41,00,000 on the following day, October 24, 2016.

- below - The scheduled completion date - February 2017, February 2017, April 3: 2017, and June 2017 (the scheduled completion date may be changed according to the process, and if changed, the subsequent notification) Article 1 (Payment Schedule and Payment Method) ① The payment method of the first intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the payment of the 80% fixed rate of 60% fixed at 15% fixed at 15% fixed at 15% fixed at 10% fixed at 10% fixed at 10% fixed at 10% fixed at 10%,000,000 intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment

Article 2 (Cancellation of Contract) (2) Where A (the same person as Defendant 1 and the same person) promotes a design modification due to authorization, permission, relevant Acts and subordinate statutes, other justifiable grounds, such as relevant Acts and subordinate statutes, B (the same person as the plaintiff and the same person) shall not refuse the approval and request the cancellation or cancellation of

Article 14 (Other Matters) (4) In order to improve objects to be sold in lots, A may promote the modification of designs to the extent permitted by relevant Acts and subordinate statutes, and in cases where the competent administrative agency accepts or approves the modification of designs, etc., B shall be deemed to have consented to the modification of designs.

Article 15 (Matters of Special Agreement) (1) A specified the following as the special agreement for sales contract, and notified the seller:

6. Sale in lots;