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(영문) 서울중앙지방법원 2015.07.01 2015가단5003580
계약금반환청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(b)the down payment shall be KRW 30 million, and ② the down payment shall be paid KRW 30 million within seven (7) days from the date on which the sales contract was concluded for the land for the business purpose, and any balance shall be paid within thirty (30) days from the date of project approval;

Article 5 (Execution of Contract, etc. (1) The defendant shall deliver to the executor a written consent for land use and three copies of a certificate of seal impression necessary for project approval simultaneously with the contract.

Article 9 (Cancellation of Contract) The defendant may cancel the contract only when the executor delays the payment of the balance even after the expiration of the payment date of the balance.

(2) Where a contract is rescinded pursuant to the provisions of paragraph (1), the executor shall not demand the return of the down payment received by the defendant.

(4) An executor may cancel a contract where the defendant fails to deliver all the documents related to authorization and permission necessary for the implementation of the executory company. In such cases, the defendant shall return the purchase price received from the executor to the executor without interest.

* A real estate sales contract agreement

1. A special agreement of this case shall take effect in preference to this agreement, with the special agreement of this case.

3.Notwithstanding paragraph 2 of Article 2 of this Agreement, any balance payment shall be made within 30 days from the date of approval for the business or April 20, 2008 and shall be made on the earlier date.

If the remainder payment is known on the above date, this contract shall be null and void, and the paid down payment shall revert to the defendant.

C. On May 20, 2008, inasmuch as the executor was unable to pay the balance to the Defendant for the instant contract, he would compensate the Defendant for KRW 20 million as penalty until May 31, 2008, and if the said promise was reached, the down payment amount already paid shall be reverted to the Defendant, and the Defendant promised that no objection shall be raised even if any measure was taken by the Defendant.

In August 29, 2008, the defendant has become null and void pursuant to Article 2 (2) of the contract of this case and Article 3. Other provisions of the contract of this case. In accordance with Article 5 (1) of the contract.

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