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(영문) 대전지방법원 천안지원 2018.10.17 2018가단3058
계약금반환 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is the party. 1) The defendant's officetel on the ground C in Boan City (hereinafter "the instant officetel").

2) D is an employee of the sales unit that the Defendant requested to sell the instant officetel on behalf of the Defendant.

B. 1) The Plaintiff’s representative director E concluded a sales contract with D on March 7, 2017, with the content that the Plaintiff’s representative director E purchased at KRW 154,00,00 each of the instant officetels J, K, L, M, N, andO from the Defendant (hereinafter “each of the sales contracts in this case”).

(2) The sales contract of this case set the down payment amount of KRW 15,400,00 equivalent to 10% of the sales price. The E and the Plaintiff paid the down payment under each of the sales contracts of this case to each of the Defendant.

3. On the other hand, the balance in each of the sales contracts of this case shall be paid by the date of designation of occupancy designated by the defendant, and where the purchaser fails to pay the balance within three months from the date of designation of occupancy, the seller may cancel the sales contract, and where the defendant cancels the sales contract on the grounds of the unpaid balance, the buyer shall pay ten percent of the sales price to the defendant as penalty.

C. The Defendant designated the date of designating the occupancy of the instant officetel from May 12, 2017 to June 11, 2017 to the buyer who entered into the sales contract. D.

The Plaintiff did not pay any balance for some households and any balance for J, K, L, and M among the instant officetels that entered into a contract for sale in the name of the Plaintiff for sale in the name of the Plaintiff until the designated date of occupancy.

The Defendant, on December 4, 2017, did not pay the Plaintiff the remainder of the sales contract for the instant officetel J through M.

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