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(영문) 서울중앙지방법원 2019.12.05 2019가합532620

기타(금전)

Text

1. The Defendant against the Plaintiff (Appointeds) KRW 106,219,767, and each of the said amounts to the appointed parties, respectively.

Reasons

1. Basic facts

A. On October 27, 2016, the Plaintiff and the designated parties (hereinafter collectively referred to as “Plaintiffs, etc.”) entered into a contract for the sale in lots with the Defendant, the seller and the consignee, for the sale in lots, for the sale in lots of KRW 168,40,00,00, the Plaintiff among the residential accommodation facilities of the building C (hereinafter referred to as “instant building”) at Jeju, the seller and the consignee, for the sale in lots, for KRW 138,200,000, the buyer E, for the sale in lots of KRW 138,200,000, for the Selection’s sale in lots of KRW 138,200,000 ( collectively referred to as “instant sale in lots”). The sales contract of this case together with the name and seal of the beneficiary corporation I (hereinafter referred to as “I”), and the corporation, the contractor, and the J corporation (hereinafter referred to as “J”). The main contents of the instant sale in lots are as follows.

The term "A": The defendant, "B": the plaintiff, etc., "J," and "J": He/she may cancel this contract in any of the following cases: May 2018 (the date of completion determined by the due date shall be notified individually) Article 2 (Cancellation or Termination of the Contract) (3) "B:

1. Where the approval for use has been delayed for more than three months from the scheduled date of the initial approval for use due to reasons attributable to A: Provided, That where the completion of construction is delayed due to unavoidable reasons, such as natural disasters, administrative orders, amendments to relevant Acts and subordinate statutes, which are not attributable to A, due to reasons attributable to A, “B” may not request “A” to cancel this contract;

Article 3 (Penalty) (2) When this contract is terminated for reasons falling under Article 2(3)1 of this Agreement, "A" shall pay 10% of the parcelling-out amount which "B" has paid to "B" as penalty.

Article 5 (B) ① “A” and “A” may arrange loans only where “B” applies for part payments for the payment of the purchase price under Article 1, as follows:

5. “B” shall be as provided for in Article 2 after obtaining the loan.