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(영문) 대전지방법원 2018.11.07 2017가단23599

계약금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. Contract 1 of this case) The Defendant is the Daejeon Dong-gu Seoul Special Metropolitan City Housing Site Development Project (hereinafter “instant housing site development project”) for the housing site development project of 311,539 square meters per Dong-dong, Daejeon Special Metropolitan City.

A. A. A. (the Defendant of this case; hereinafter the same shall apply) of Article 1 (Use of Site) of the area for designated use (use of site) of 435 square meters for land for D E-support facility in the location where the lot number of land indicating the site for a site contract (No. 2) is marked.

Section B shall designate the use of the objective site as the site for support facilities, and Section B (the plaintiff in this case; hereinafter the same shall apply).

(1) Article 2 (Sales Price and Payment Method) (1) The payment deadline and the amount of the purchase price of KRW 375,925,110 to pay the target site to A within the agreed date set forth below, shall be April 4, 2016, whichever is July 4, 2016, and on February 4, 2017, the balance of the second intermediate payment of the contract deposit of KRW 37,592,592, 510,777, 530, 777, 53012, 77, 530, 5407 (1), including the implementation of a development project, etc.)

In such cases, A shall faithfully implement the development project so that the disadvantages of B can be minimized.

(2) Where the timing of land use is delayed due to the delay in created construction due to a cause attributable to Gap, Gap shall pay to Eul an amount calculated by applying the rate of delay compensation referred to in Article 3 to the already paid purchase price, or pay it instead by deducting from the purchase price to be paid by Eul.

Provided, That this shall not apply where a delay is made due to any of the following reasons without any reason attributable to A:

1. Development of infrastructure projects, such as roads, water supply and ports, implemented by the State or local governments in connection with the relevant development projects;

2. Amendment to the plans or policies of the State or local governments;

3. Natural disasters, such as typhoons, tidal waves and floods;