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(영문) 수원지방법원 2019.03.14 2018가단523019
분양대금등 반환청구
Text

1. The Defendant’s each of the Plaintiffs’ KRW 83,228,046 as well as 5% per annum from May 11, 2018 to March 14, 2019.

Reasons

Basic Facts

The scheduled date of occupancy: The total sale amount under Article 1 (Supply Amount and Payment Method) during August 2017 (by individual notification key in cases of a somewhat change according to the process): CFH G (6) applied to an individual bank for a loan of KRW 450 million,000,000,000 for each individual bank, and the intermediate payment received shall be deposited to A from the intermediate payment date specified in paragraph (1).

Section 3 (Transfer of Ownership) (1) A shall arrange public records and have ownership preservation registered within 60 days from the date of completion of the building.

Provided, That in cases where the transfer of ownership is delayed due to inevitable reasons, such as natural disasters, administrative orders, or failure to adjust public records, which are not attributable to A, B shall not raise an objection thereto.

(2) Eul shall pay in full the supply price and other payments, and shall complete the registration of ownership transfer at the expense of Eul immediately after the completion of the registration of ownership preservation of Eul, and all damages and public charges arising from the failure of Eul to complete the transfer procedures shall be borne by Eul in full.

Section 4 (Cancellation of Contract) (1) A may cancel this contract where B falls under any of the following subparagraphs after giving a peremptory notice for a grace period of 14 days, which shall not be complied with:

(1) Where a person fails to pay an intermediate payment and any balance prescribed in Article 1, (2) A may rescind this contract without a peremptory notice, in any of the following cases:

(1) Where a contract is rescinded for reasons other than Article 5 (2) (1) and (2) other than Article 4 (1) and (2) or one of the parties to the contract, when actual transfer, lease, security, creation, or other restrictive items are established without the consent of the party A before the balance is paid, a person responsible for rescission of the contract shall pay 10% of the total purchase price to the other party as penalty.

Article 12 (1) The occupancy period shall be two months from the date of commencement of occupancy, and A shall notify B of the date of commencement of occupancy thirty days prior to the date of commencement of occupancy.

(2) B shall pay the sale price and.

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