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(영문) 서울중앙지방법원 2021.02.10 2020가합586449
보증금반환
Text

1. The defendant shall pay 300,000,000 won to the plaintiff and 12% per annum from October 22, 2020 to the day of full payment.

Reasons

1. Facts of recognition;

A. On June 2020, the Defendant entered into an agency contract with the Plaintiff for the sale of the instant apartment (hereinafter “instant apartment”) with respect to the C apartment 400 households (hereinafter “instant apartment”) upon the expiration of the lease period for the purpose of selling the instant apartment (hereinafter “instant sales agency contract”). The main contents of the instant sales agency contract are as follows.

The term "A": The defendant, "B": the plaintiff - the unit sale price of the household: 156,000,000 won shall be six months from the date of conclusion of the contract, and the period of sale by proxy shall be six months from the date of conclusion of the contract, and may be extended by consultation between "A" and "B".

Article 9 (Fees for Sale in Units) "B" in Article 13 (Cancellation or Termination of Agency Contract for Purchase in Units) of the apartment household unit 11,000,000,000 won per occupancy household unit 4,000,000 won per occupancy household (excluding each additional tax), may be cancelled or terminated in any of the following cases:

(1) “A” in the event that the progress of the project is no longer available for this reason; ② “A” in the event that the competent administrative agency is subject to a disposition such as cancellation of a license or registration, suspension of business, etc. by the competent administrative agency; ③ “A” in the event that it is impossible to perform the agency contract without any justifiable ground to perform

5. Sales agency deposit - 300 million won as sales agency deposit shall be deposited at the same time as the contract is concluded by the defendant, and the defendant shall refund the deposit at the completion of sales.

7. It shall commence the sale as an agent from June 20, 2020.

Provided, That it may be adjusted through mutual consultation.

B. The Plaintiff paid the Defendant KRW 100,000 on June 1, 2020, KRW 100,000 on June 1, 2020, KRW 100,000 on June 10, and KRW 16,000 on June 16, 200 to each

(c)

The defendant did not obtain approval from the competent administrative agency for the sale of the apartment of this case, and most of the apartment of this case is set up as a collateral.

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