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(영문) 부산지방법원 2015.10.14 2014가합15524
계약금반환 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 48,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from November 21, 2014 to October 14, 2014.

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Sales contract for basic real estate: The remainder of the sales contract for real estate: KRW 120 million (the first down payment: KRW 10 million on September 24, 2013: the second down payment on September 15, 2013: October 15, 2013): 60 million (the immediate payment on completion of the building): The remainder of KRW 70 million on May 30, 2014.

Article 5 (Cancellation of Contract) Before the buyer pays the intermediate payment to the seller, the seller may reimburse the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.

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

Matters of special agreement

2. It shall transfer the ownership of land to the second down payment date, and complete a building in the name of a buyer.

3. After the payment of an intermediate payment, the buyer shall move into the first and second levels of five floors.

4. The balance shall be paid by appropriating bank loans and deposit money, and shall be changed on the above date and there shall be no objection, depending on the completion of the building and the circumstances of the lease.

5. Until the payment of any balance, the bank shall bear by the seller and also revert to the seller;

6. Urban-type residential housing of 2-5 stories and 6-story officetels, and the 6-story main residential household of 6th floor shall be constructed by the string, the dives room, and the dives floor.

8. Repair of defects shall correspond to the terms and conditions of the guaranteed security.

(A) the seller shall provide security and receive the seller. 10. observers (non-goods) shall be constructed in accordance with C Building.

On September 24, 2013, the Plaintiff is a reinforced concrete urban residential house built by the Defendant on the land indicated in the attached list, which is owned by the Defendant (hereinafter “instant land”) and on the ground.

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