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(영문) 수원지방법원안양지원 2017.07.07 2016가단8778

계약금반환 등

Text

1. The part of the claim for the return of the sale price among the plaintiff's primary and conjunctive claims, and the surrounding part of the plaintiff Eul in this case.

Reasons

Facts of recognition

A. The Defendants constructed and sold the F neighborhood living facilities (hereinafter “instant building”) which are Class 1 and Class 2 neighborhood living facilities in the Gu C, D, and E on the ground of Ansan-si.

For this purpose, the management-type land trust contract was concluded between the Defendants and the contractor on the building of this case, and the above contract was concluded on the truster, and the defendant Han Asset Trust is in the trustee's status.

B. Of the instant building as a married couple, Plaintiff A purchased the total purchase price of KRW 414,314,00,00 and KRW 226,00, respectively, for the total sale price of KRW 400,536,00, and Plaintiff B received KRW 227 from the total sale price of KRW 387,973,00.

(2) On September 1, 2015, the Plaintiffs concluded a sales contract (supply) agreement with Defendant Han Asset Trust Co., Ltd. with respect to each of the instant stores (hereinafter “instant supply contract”), and paid the down payment equivalent to 20% of the sales price on the same day.

Meanwhile, under the instant supply contract, the payment date of the first intermediate payment (10%) payment date of April 30, 2015 and the second intermediate payment (10%) payment date of the second intermediate payment (10%) payment date of June 30, 2015 and the third intermediate payment (10%) payment date of August 30, 2015 and the fourth intermediate payment (10%) payment date of October 30, 2015 are respectively designated as the payment date of October 30, 2015, and Article 5 of the instant supply contract of this case provides that 10% of the total sale price of this case shall belong to the other party as a penalty where the contract is cancelled due to any cause attributable to either of the parties stipulated in paragraphs 1 and 2 of the said Article.

C. On March 14, 2016, the Plaintiffs requested the rescission of the contract with respect to the store of this case 226 and the store of this case 227 sold by Plaintiff A. The Defendants collected from the Plaintiffs the “written request for cancellation of the sale contract” with the following contents, and the amount equivalent to half of the down payment (the amount equivalent to 20% of the supply price) paid by the Plaintiffs, respectively.