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(영문) 수원지방법원안산지원 2017.11.22 2016가단219
계약금 반환
Text

1. Each claim against the defendant by the plaintiff (appointed party) and the appointed party is dismissed.

2. The costs of lawsuit shall be.

Reasons

1. The following facts may be acknowledged in light of the overall purport of the pleadings in each part of Gap evidence Nos. 1 through 4, Gap evidence Nos. 7, Eul evidence Nos. 14, Eul evidence Nos. 5 through 7, Eul evidence Nos. 9-1 and Eul evidence Nos. 8-2, Eul evidence Nos. 8-1 through 28, Gap evidence No. 5, Gap evidence No. 9, Gap evidence No. 11, and Eul evidence Nos. 13.

On July 10, 2015, the Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties (hereinafter collectively referred to as “Plaintiffs, etc.”) and the Defendant entered into a sales contract with the Plaintiff, etc. to purchase KRW 2,006 square meters (hereinafter “real estate subject to sale”) out of KRW 8,310 square meters in Jeju-si, Jeju-si, the Defendant owned, for KRW 2,50 million (hereinafter “instant sales contract”).

B. The main contents of the instant sales contract are as follows.

(1) The down payment of KRW 30 million shall be paid on the date of the contract, the intermediate payment of KRW 100 million shall be paid on September 10, 2015, and the balance of KRW 120 million shall be paid on December 15, 2015.

(2) In the event that the contractual party fails to perform his/her obligation, the other party may notify the contractual party in writing and cancel the contract, and may claim damages for the cancellation of the contract, provided that there is no separate agreement as to the damages, the seller shall regard the down payment as the basis for the damages (Article 6). (3) In the absence of a separate agreement, the seller shall pay the road to the seller for civil engineering works as stated in the order of permission, and the seller shall conclude the road works (division and road construction) before the intermediate payment is responsible for the seller and the seller shall complete the construction before the intermediate payment. In the event that the above matters have not been performed, the seller shall pay the buyer within

(4) The registration shall be made in the name of the owner and shall be made in the name of the owner after the completion of the construction and shall be made in the cycle of the registration of ownership transfer after the completion of the construction.

(c) matters of special agreement;

Plaintiff

At the time of the conclusion of the instant sales contract.

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