(영문) 창원지방법원 2016.08.19 2015가단21694

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2016.08.19 2015가단21694

계약금반환

Text

1. As to each of the plaintiffs' KRW 40,000,000 and each of them KRW 20,000,000 among them, the defendant shall be from September 1, 2014 to November 9, 2015.

Reasons

1. Basic facts

A. The sales contract of this case: 980,000,000 - Down payment: 40,000,000 won for the contract; - The intermediate payment of which the buyer succeeds to the loan: 100,000,000 won for the intermediate payment of which the buyer succeeds to: 100,000,000 won for the intermediate payment of which September 24, 2014: 360,000,000 won for the remainder of payment: 360,000,000 won for the payment of which October 2, 2014 was made by the seller or buyer, the other party may give written peremptory notice to the defaulted person and rescind the contract.

The parties to a contract may claim damages from the other party following the rescission of the contract, and the down payment shall be deemed as the basis for compensation for damages, unless otherwise agreed.

Matters of special agreement

1. Provisional attachment (2014Kadan2208) is a condition to cancel the intermediate payment of KRW 100 million on September 24, 2014.

(If the contract is not cancelled, the buyer shall keep the deposit amount of KRW 40 million). 2. All the current tenants succeed to the contract;

4. The present collateral shall be succeeded by the buyer.

5. The current deposit amount of KRW 125,000,000 is 235,000,000, since the buyer succeeds to it.

6. The seller shall notify the present lessee of the increase of the rent of KRW 20,000 and monthly rent of KRW 1,200,000 on the date of recontract two years after the date of the lease, and shall be signed on the contract by the balance date.

7. A re-contract shall be prepared by adjusting monthly rent of 700,000,000 won or monthly rent of 200,000 won or monthly deposit of 20,000,000 won as of the fourth-class contract date and by the remainder date; and

8. A re-contract shall be prepared by adjusting monthly rent of 750,000 won or monthly rent of 20,000,000 won as of the fifth-class contract date to KRW 25,000 or monthly rent of 900,000 or monthly rent of 25,000,000; and

The Plaintiffs, on September 1, 2014, to purchase the sales price of KRW 980,00,000, KRW 427.4m2 and five-story neighborhood living facilities on the ground of reinforced concrete structure (hereinafter “instant building”) owned by the Defendant (hereinafter “instant building”) in the instant case.

유사 판례

-대구지방법원서부지원 2016.04.05 2015가단11575

-서울동부지방법원 2018.01.17 2017가합105959

-서울고등법원 2018.10.23 2018나2010270

-서울남부지방법원 2018.11.02 2017가합109886

-서울중앙지방법원 2019.04.04 2018가단5121564