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(영문) 대구지방법원 포항지원 2018.04.26 2017가단103229

매매대금반환

Text

1. As to KRW 174,202,00 and KRW 149,316,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 24,86,00 from July 25, 2017.

Reasons

1. Basic facts

A. The status of the parties is an executor who intends to newly construct and sell officetels and neighborhood living facilities (the size of the 5th floor and the 15th floor above the ground; hereinafter “the instant officetel”) in Nam-gu, Nam-gu, and D Co., Ltd and E Co., Ltd have entered into the first construction contract for the instant officetel construction project.

B. On May 24, 2014, the Plaintiff entered into a contract with the Defendant for the purchase price of KRW 141,742,00 among the instant officetels, and KRW 107,118,00 with the purchase price of KRW 141,742,00, and KRW 107,118,00 (hereinafter “each of the instant sales contracts”), and the main contents related to the instant case are as follows.

(C) The completion date of the first contract is scheduled on June 2017 (the scheduled date of completion may be changed according to the process, and the date of occupancy is later notified), but the scheduled completion date was changed to June 2017 when concluding the modified contract on June 6, 2015.

Article 2 (Contract Payment, Installment Payment, and Balance Payment, etc.) (6) A agrees to pay interest on loans when an intermediate payment is possible to be loaned out of the total amount of sales price paid by each purchaser, and does not raise any objection thereto.

Article 7 (Cancellation of Contracts) (3) A may rescind this Agreement in any of the following cases:

1. Where the occupancy has been delayed for more than 6 months from the scheduled date of initial occupancy due to a cause attributable to A, or where Gap has received a corrective order under Article 9 of the Act on Sale of Building Units from the permission-granting authority.

(5) Where this contract is terminated, A shall pay B the price already paid.