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(영문) 광주지방법원목포지원 2017.10.19 2016가합12521

계약금반환등 청구의소

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1. The Defendant’s KRW 172,80,000 as well as 5% per annum from December 19, 2016 to October 19, 2017 to the Plaintiff.

Reasons

. The down payment was 18 billion won.

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

2. Terms and conditions of a contract* Sales amount: KRW 108,000,000 down payment of KRW 108,000,000 shall be paid and received at the time of a contract. Any balance of KRW 972,00,000 shall be paid on December 15, 2014.

Article 5 (Cancellation of Contract) Until the buyer pays the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and cancel this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has defaulted on the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted on the contract and may cancel the contract.

In addition, the parties to the contract may claim damages from the other party according to the termination of contract respectively, and the contract deposit shall be deemed to be the basis for compensation for damages, unless otherwise agreed.

The provisional registration and provisional disposition (hereinafter referred to as the "provisional registration and provisional disposition of this case") of ownership transfer claim in advance of the balance amount are agreed to be cancelled under the seller's responsibility.

* The present seller is a maximum cooperation key for E share (1/10 of co-owners) purchase.

2) On December 21, 2014, the remaining payment date stipulated in the instant sales contract, and the Defendant met with F on December 21, 2014, and on December 22, 2014, transferred KRW 100 million to the Defendant’s account under the name of F from the account under the name of F to the Defendant’s account. (B) The Defendant sent each of the instant sales contract’s contents certification to the Plaintiff on September 1, 2015, and the Defendant did not pay the remainder to the Plaintiff even if the Defendant performed the special agreement before the outstanding payment date and prepared documents necessary for the registration of transfer of ownership. Therefore, if the remainder is not paid by September 15, 2015, the instant sales contract was revoked and the down payment was made in accordance with Article 6 of the instant sales contract.