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(영문) 수원지방법원 2016.01.12 2015가합1829

계약금반환

Text

1. The plaintiff (appointed)'s claims are all dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. A. On October 30, 2007, Scenic Construction Co., Ltd. (hereinafter “Scenic Construction”) entered into a land sales contract (hereinafter “instant contract”) with the Defendant on the land block (area 38,936 square meters; hereinafter “instant site”) in the B Housing Site Development Zone (hereinafter “instant site”) including the following:

The purchase price shall be KRW 83,323,00, and the down payment of KRW 8,332,304,00 shall be KRW 8,300 on October 30, 2007; KRW 24,96,912,00 on the first installment payment of KRW 8,332,304,00 on the second installment payment of KRW 8,307 December 20, 2007; KRW 8,332,304,00 on the second installment payment of KRW 8,30 on the second installment payment of KRW 8,332,304,00 on the third installment payment of KRW 8,32,304,00 on the second installment payment of KRW 8,30 on the December 20, 208; KRW 8,32,304,00 on the second installment payment of KRW 5,32,304,00 on the remaining date of payment.

The time of land use shall be the time after April 2010.

Article 8 (Loss of Due Date) The defendant may, when the construction of sight falls under any of the following subparagraphs, have the construction of sights pay the unpaid remaining amount immediately notwithstanding the period for the installment collection under Article 1:

1. In a case where the defendant fails to pay the purchase price for not less than 6 months and the defendant has failed to pay it even after setting a grace period of not less than 14 days, when he falls under any of the following subparagraphs of Article 9 (Cancellation of Contracts) (1), the defendant may rescind this contract:

3. The contract for the construction at sight under paragraph (2) may be rescinded in any of the following cases, if the construction at sight has lost the benefit of time due to the causes set forth in each subparagraph of Article 8 and the performance has not been performed immediately upon the request of the defendant for full repayment:

1. Where sight construction intends to cancel a contract on its own for its own reasons: Provided, That part of part payments are paid, it shall be limited to the case where the defendant consents;

2. Where it is impossible to achieve the purpose of the contract because the time of use and transfer of ownership are delayed for not less than six months due to any cause attributable to the defendant: Provided, That the causes falling under any of subparagraphs of Article 5 (2) (proviso)