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(영문) 수원지방법원 안양지원 2018.11.14 2017가단11559
계약금반환
Text

1. The Defendant’s KRW 40,006,109 for the Plaintiff and KRW 5% per annum from October 30, 2007 to October 24, 2017.

Reasons

1. The timing when the land is usable on 38,836 land for 24 multi-family housing in a development district of a non-high-scale housing site with a lot number of basic facts: (a) the purchase price indicated on and after April 2010 for 38,836 land: The Defendant shall pay the Defendant the 3rd intermediate payment of the 3rd intermediate payment of the 4rd intermediate payment of the 3rd intermediate payment of the 3rd intermediate payment of the 3rd intermediate payment of the 3rd intermediate payment of the 3rd intermediate payment of the 3rd intermediate payment of the 4th half payment of the 06th intermediate payment of the 3rd intermediate payment of the 306th half of the 207, 2007; and (b) the sale price of the 3063rd intermediate payment of the 304th half payment of the 306th sale price of the 208th half of the 2007; and (c) the Defendant shall pay the 3063084th payment method of the 20.20.

Article 8 (Loss of Due Date) The defendant may, when the construction of sight falls under any of the following subparagraphs, allow the construction of sight to pay the unpaid remaining amount immediately notwithstanding the period of installment collection under Article 1:

1. When the defendant fails to pay the purchase price for not less than 6 months by setting a grace period of not less than 14 days and a peremptory notice is given, when falling under any of the following subparagraphs, the defendant may rescind this contract:

3. Where construction in sight has lost the benefit of time due to the causes set forth in the subparagraphs of Article 8 and the defendant has received a demand for full repayment from the defendant but has failed to perform the construction within 14 days after he/she received a demand for full repayment.

1. Where sight construction intends to cancel a contract on its own for its own reasons: Provided, That part of part payments are paid, it shall be limited to the case where the defendant consents;

2. The purpose of the contract may be achieved because the time of land use and the transfer of ownership are delayed for not less than six months due to the reasons attributable to the defendant;

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