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(영문) 울산지방법원 2021.01.29 2020가단111498
약정금
Text

Defendant B, from December 3, 2019 to June 11, 2020, and Defendant C, from December 3, 2019 to June 7, 664,603.

Reasons

1. Basic facts

A. The Plaintiff entered into a trust agreement with F Co., Ltd. for sale-type land and implemented the Ulsan-gu Gtel construction project.

B. Where a trust contract is terminated between F and F due to the termination, cancellation, or termination, etc. of the trust contract, the Defendants agreed to succeed to all rights and obligations of the seller (Article 4 of the supply contract). The Plaintiff entered into the pertinent officetel supply contract as listed in the table below, and the trust contract between the Plaintiff and F is terminated upon the end of December 2019. The number of units (other units) purchase price per name contract is high, hereinafter the same is equal.

B July 13, 2016 H (A) 164,513,000 on July 13, 2016 164,513,00 CJ (C) 164,513,00 C July 12, 2016 164,513,00 D 164,513,00 E on July 8, 2016 163,48,000 L (A) 163,48,00 E on June 28, 2019

C. According to each of the above supply contracts, 10% of the down payment shall be paid at the time of the contract, 60% of the intermediate payment shall be paid with the loan from the financial institution designated by the Plaintiff, and 30% of the remaining amount shall be paid on the fixed date for public notice (Articles 1(1) and 15(1) of the supply contract). The Defendants did not pay the remainder within 2 months from the date of the contract, and if the Defendants did not pay the remainder at least twice within the fixed period of 14 days, the Plaintiff may rescind each of the above supply contracts (Article 2(1)2 of the supply contract).

After that, on July 8, 2019, the Plaintiff’s effective period of occupancy to the Defendants from July 22, 2019 to the same year.

9. As of October 8, 2019, the notice of occupancy guidance was given by the end of 20.20, and each remaining payment was given on October 28, 2019, but the Defendants did not pay the remainder, and on December 2, 2019, the Defendants expressed their intent to rescind each supply contract.

E. According to the above supply contract, interest on the part payment loan under the name of the defendants shall be paid by the plaintiff by the first day prior to the effective period of occupancy, and thereafter, the defendants shall pay it (the supply contract).

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