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(영문) 서울남부지방법원 2015.08.20 2014가합103665

계약금반환등 청구의 소

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1. The Defendant’s KRW 10 million and the Plaintiff’s annual rate from April 25, 2014 to August 20, 2015, as follows.

Reasons

1. Basic facts

A. On May 21, 2013, the Plaintiff entered into the instant sales contract between the Plaintiff and the Defendant, the parcel number is E before the Defendant entered into the instant sales contract on the following grounds: (a) Hosung City Forest and C, and D Forest and Forest as of January 20, 2014.

(hereinafter referred to as the “instant land”) concluded a contract with the content of purchasing KRW 1,000,000,000 for two parcels (hereinafter referred to as the “instant land”).

(hereinafter “instant sales contract”). A real estate sales contract

2. The other party may give written peremptory notice to the defaulted person and rescind the contract, if the seller or the purchaser fails to perform any of the terms and conditions of this contract, as defined in Article 6 (Non-performance of Obligations and Compensation for Damages), that is, KRW 300 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000 won,

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

매도인 B(피고), 매수인 A(원고)외 1인 별지(특약사항) ◎ 매수인(원고) 외 1인인 F은 도로지분에 한함. ◎ 계약금 2억 8,000만 원은 2013. 7. 22.로 한다.

◎ 계약과 동시에 매수자는 본 토지에 관하여 토목작업을 한다.

◎ 도로지분 부분에 관하여 매수자가 대출을 받아 계약금을 지불해야 되므로 매도자는 도로지분을 명의이전 해준다.

B. On May 30, 2013, the Plaintiff’s implementation of access road construction contracted to S&D Co., Ltd. the civil engineering works and appurtenant works for the instant land at KRW 50 million (excluding value-added tax). Accordingly, the Plaintiff started construction of access road to part of the instant land.

C. On May 21, 2013, the Plaintiff paid KRW 20 million out of the down payment to the Defendant on May 21, 2013. (2) On July 5, 2013, the Plaintiff remitted the amount of KRW 10 million to the Defendant.

The defendant's case.