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(영문) 수원지방법원 2019.07.18 2018가단533221

매매대금반환

Text

1. As to the Plaintiff KRW 59,740,00 and KRW 49,740,00 among them, the Defendant shall start on December 16, 2016, and the remainder 10,000.

Reasons

1. Facts of recognition;

A. On September 25, 2015, the Defendant is an implementer who has obtained the approval on the development and business plan for a project to create E on the land outside D and two parcels at Jeju City (hereinafter “instant project”).

B. On October 7, 2016, the Plaintiff entered into a contract with the Defendant to be supplied with F Building G constructed by the Defendant pursuant to the instant project (hereinafter “instant supply contract”), and the main contents thereof are as follows.

The scheduled purpose of May 2017 is to jointly make an investment in relation to the E business and to pay the Defendant a glamping car site facility. The purpose is to jointly make an investment in relation to the E business, and to pay the Defendant a glamping car site facility.

Article 1 (Amount of Payment and Method of Payment) Section 5(1) of the Act: The transfer of ownership shall be completed at the Plaintiff’s expense within 60 days from the date on which the Plaintiff’s application for the transfer of ownership is possible, within 60 days from the date on which the Plaintiff’s application for the transfer of ownership is filed. < Amended by Presidential Decree No. 27679, Oct. 7, 2016; Presidential Decree No. 16267, Oct. 15, 2016; Presidential Decree No. 16792, Oct. 15, 2016; Presidential Decree No. 16574, Oct. 16, 2016; Presidential Decree No. 17075, Oct. 16, 200; Presidential Decree No. 17068, Mar. 3

Paragraph 3: Where the transfer of ownership is delayed due to force majeure, such as natural disasters, administrative orders, and enactment and amendment of relevant Acts and subordinate statutes, which are not attributable to the defendant, or unavoidable reasons, the plaintiff shall not raise an objection thereto.

Section 1 of Article 18 (Other Matters): This object is aware that it is not subject to a sale report under the Act on Sale of Building Units, and enters into a contract for investment.

Paragraph 9: In the event of a natural disaster, discovery of cultural heritage, the enactment and amendment of relevant Acts and subordinate statutes, labor-management division, etc. during the construction of this object, or any other unforeseen cause, the scheduled construction schedule, occupancy time, etc. may be delayed, and in such case, the defendant is not liable.

In this case.