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(영문) 서울서부지방법원 2019.03.13 2018가단227264

계약금등 반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

. Not doing so, 12 years after the date of conclusion of the contract does not permit the sale of the other party as a breach of the good faith principle or an abuse of rights.

3. Determination

A. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the statement Nos. 2-1, 2, and 6 and 7 of the evidence Nos. 2-1, 2, and 7:

1) In relation to the instant sales contract, the Plaintiff keeps a sales contract (No. 2-1, No. 2-1, hereinafter “instant sales contract”) in the form of general type written by the purchaser as the Plaintiff and a purchaser’s written consent (No. 2-2, hereinafter “instant written consent to the instant sales contract”). Special agreement details * the seller actively agrees with the buyer’s consent to the establishment of the instant association and all necessary matters, and cooperates with all matters without objection. In the event of the instant violation, the contract shall be rescinded, and the seller shall reimburse the buyer of the down payment. * The scheduled date for the down payment of the down payment shall be within one month after the approval of the business. * The remainder is paid within one month after the date of the approval of the business (the date of the approval of the business), the following special agreement is printed, and both the payment date of the instant contract and the registration date of the transfer of ownership are made simultaneously with the date of the remainder payment or the registration of the transfer of ownership:

II.(Payments for sale)

1. The down payment shall be deposited into the deposit account in the name of the seller at the time of conclusion of the sales contract;

2. The balance shall be the payment key within 30 days after the completion of authorization and permission; and

Article 3 (Other Matters) (The 25th day of April of the date of the expected application for authorization or permission)

1. The seller shall conclude a sales contract at the time of receiving the down payment, and shall submit the documents necessary for filing an application for authorization and permission;

2. Where the payment of balance is not observed, all of the related documents submitted shall be returned to the seller, and the down payment shall be made; and