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(영문) 수원지방법원 2017.05.26 2016가합74572

건물명도

Text

1. The defendant is against the plaintiffs:

(a) deliver each real estate listed in the separate sheet;

(b) 52,618,560 Won and its 35,000 among them;

Reasons

1. Basic facts

A. The plaintiff A is the owner of each real estate listed in the separate sheet Nos. 1, 2 and 5, and the plaintiff B is the owner of each real estate listed in the separate sheet Nos. 3 and 4.

B. On January 24, 2015, the Plaintiffs are each real estate listed in the separate sheet with the Defendant (hereinafter “instant real estate”) on January 24, 2015.

(2) As to the sales price of KRW 565,00,000, and the down payment of KRW 10,000,000,000 on the date of the contract, the intermediate payment of KRW 20,000 on the date of the contract, and the remainder of KRW 535,00,000 on the 28th of the same month, are entered into a sales contract to be paid respectively on the 30th of the same month (hereinafter “instant sales contract”).

3) The Plaintiff received KRW 30,000,000 in total as the down payment and intermediate payment (hereinafter “instant down payment”).

(1) The main contents of the instant sales contract are as follows. (1) In the event that the contract is rescinded after the effectiveness of the contract and the intermediate payment is rescinded, the Plaintiffs are paid twice the down payment as penalty, and the Defendant may rescind the contract by giving up the down payment. (2) After the intermediate payment is paid, the contract cannot be rescinded under the foregoing paragraph (1) and the additional damages shall be paid (the amount of damages shall be set at 20% of the purchase price).

(3) The Plaintiffs, who did not pay any balance for more than 10 days in excess of the balance payment date, may rescind this contract. In the event of cancellation, the contract is automatically rescinded on the fifth day after written notification of cancellation of this contract to the Defendant (based on the post office seal) and the down payment shall be automatically forfeited to the original and separate damages (based on the amount of damages determined by 20% of the purchase price). 2) The Defendant delayed the Defendant’s performance of the obligation to pay the balance under the instant sales contract, and the Plaintiffs are “the said sales contract with the Defendant on February 12, 2015.”