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(영문) 수원지방법원성남지원 2019.04.18 2017가단207092

계약금반환 등 청구의 소

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1. The defendant

A. Plaintiff A’s KRW 42,293,580 and KRW 21,146,790 among them, respectively, shall be from July 29, 2016, and KRW 21,146,790.

Reasons

1. Facts of recognition;

A. On July 29, 2016, the Plaintiffs and the Defendant concluded a sales contract (hereinafter “each of the instant sales contracts”) with respect to D and one parcel ground E (hereinafter “instant hotel”) on the following terms and conditions as to Jeju Special Self-Governing Province Seopo-si and Seopo-si:

Plaintiff

A paid KRW 21,146,790 as the down payment on the same day, and Plaintiff B paid KRW 35,326,040 as the down payment (=3rd floor F: KRW 17,835,790 + 4th floor G: 17,490,250).

Plaintiff A, on July 29, 2016, the contractual amount to be supplied as the contract date for the contract, was KRW 178,357,90 on July 29, 2016, Plaintiff A, the third hotel of this case, KRW 211,467,90, Plaintiff B, the third hotel of this case, KRW 178,357,90 on July 29, 2016.

B. The provisions on the cancellation of the contract specified in each of the instant sales contracts are as follows.

Article 5 (Cancellation of Contracts and Penalty) (3) B (the plaintiffs of this case) may rescind this contract in any of the following cases:

When the contract is terminated pursuant to this subsection, A (the Defendant in this case) shall pay to B 10% of the total supply price as penalty.

1. Where the occupancy has been delayed for more than three months from the scheduled date of occupancy due to a cause attributable to Party A: Provided, That where the occupancy has been delayed due to an unavoidable cause, such as an administrative order not related to a natural disaster or a cause attributable to Party A, Party B shall not request Party A to cancel this contract;

C. The scheduled date of occupancy stipulated in each of the instant sales contracts is March 2018, and the new hotel construction of this case was not completed even until November 16, 2018, which was the date of closing the argument in this case.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 13 (including branch numbers in case of additional number), the purport of whole pleadings

2. Determination:

A. According to the facts of recognition as to the cancellation of each contract for the sale of this case, the new hotel construction work of this case until three months from the scheduled date of occupancy set in each contract for the sale of this case.