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(영문) 대구지방법원경주지원 2019.01.25 2018가합2264
매매대금반환
Text

1. The defendant,

A. The registration of ownership transfer in the No. 1 annexed Table 1 and the registration of the establishment of a neighboring mortgage from the Plaintiff respectively.

Reasons

1. Basic facts

A. The defendant is a company for the purpose of operating movie theater convenience facilities and ancillary facilities, and has been running the business of newly constructing the 4th ground floor above the 9th ground surface (the 2nd building and the 1nd structure; hereinafter "the building of this case") on the 9th ground outside of the land in the racing-si.

B. On October 12, 2016, the Plaintiff entered into a real estate agreement between D Co., Ltd. and D Co., Ltd., the sales business of which was delegated by the Defendant, with respect to the second floor E and F of the instant building as follows (hereinafter “each of the instant first contracts”).

-at the later time, enter into a contract from the completion date of the G stores to the present contract, and confirm the same effect as that of the present contract.

The scheduled date of saleroom occupants: The first down payment of KRW 57,130,000 until October 12, 2016: 110,00,000, the second down payment: 57,139,000 until October 31, 2016, and the second down payment: The remainder: 389,91,000 won as of the date of completion: 560,80,000 won: the first down payment of KRW 110,00,000 until October 12, 2016; the first down payment of KRW 58,240,000 until October 31, 2016; the first down payment of KRW 50,000; the second down payment of KRW 20,000; and the second down payment of KRW 360,000 after the date of advance payment; and the first down payment of KRW 20,300,000 after the date of advance payment.

(2) Where a purchaser delays the payment of an intermediate payment and any balance, he/she shall pay the late payment charge calculated by applying the overdue rate of the rate for the number of delayed days.

Provided, That the overdue rate shall not exceed the overdue rate limit for the general loan of commercial banks.

(4) Where the scheduled date of saleroom occupants prescribed in the full text of this contract has been delayed, a seller shall apply the overdue rate prescribed in paragraph (2) to the price already paid.

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