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(영문) 대구지방법원서부지원 2015.06.10 2014가단28101
계약금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 3, 2014, the Defendant entered into a contract to sell the purchase price of KRW 202,00,000 (hereinafter “instant sales contract”) with the Plaintiffs of KRW 597 square meters and KRW 893 square meters (hereinafter “each of the instant real estate”) prior to the Gyeongbuk-gun, Daejeon-gun, and received KRW 22,00,000 from the Plaintiff Company (hereinafter “Plaintiff Company”) and KRW 8,000,000 from the Plaintiff Company (hereinafter “Plaintiff Company”) as the down payment. The main contents of the instant sales contract (Evidence A) are as follows.

Marking of Real Estate: The amount of KRW 22 million in the purchase price of 1355m2,00,000 for Gyeongbuk-gun, Gyeongbuk-gun, Da (Preservation Management Area), 1353m2,000,000 shall be paid and received at the time of the contract. The remainder of KRW 172,00,000 shall be paid on April 30, 2014.

Article 2 (Transfer, etc. of Ownership) The seller shall, at the same time, deliver all documents necessary for the registration of transfer of ownership to the buyer and cooperate with the registration procedure, and the delivery date of the said real estate shall be April 30, 2014.

Article 5 (Cancellation of Contract) Until the buyer pays the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and cancel this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If the seller or the purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim damages for the cancellation of the contract respectively to the other party, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed.

Matters of special agreement

1. The buyer shall confirm and conclude a contract after visiting the spot;

2. A seller shall issue a written consent to land use at the time the buyer applies for a building permit;

3. As to the above lot number, 1653 square meters (around 500 square meters) shall be purchased as a corporation, and the remaining 595 square meters (per approximately 180 square meters) shall be purchased as a corporation.

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