(영문) 서울중앙지방법원 2017.01.25 2015가단5352848

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(영문) 서울중앙지방법원 2017.01.25 2015가단5352848

계약금 반환

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant concluded a contract for sale in lots 1) The building C on the land outside Dongjak-gu Seoul Metropolitan Government and 3 lots (hereinafter “instant building”).

(2) On August 19, 2015, the Plaintiff concluded a sales contract with the Defendant for the sales price of KRW 494,974,00, down payment of KRW 49,497,00, down payment of KRW 49,497,00, the remainder of KRW 445,47,000, and the expected date of sales completion of the sales contract (hereinafter “instant sales contract”) with the Defendant on October 20, 2015.

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

(hereinafter referred to as “A” and “B” shall be paid to “A” at the time of the remainder payment, in addition to the overdue rate of 15 percent per annum, if the remainder is not paid by the scheduled date for the full completion of the sale (if the remainder is changed, referring to the changed date). Article 6 (Scheduled Date for the full completion of the sale).

In such cases, the sales price that “A” received from “B” shall be appropriated for the arrears borne by “B” and appropriated for the remainder.

Article 11 (Use of Price A) (1) The term "A" shall designate and sell objects to be sold in accordance with the contents of a plan for sale (or an advertisement for sale) prepared within the scope of the approval of a project plan or a building permit, and thereby make the business of "B" available.

However, this shall not apply where the use of commercial buildings has not been designated in the sale plan (or sale advertisement).

(2) "B" shall be operated for the purpose referred to in paragraph (1), and where it is intended to change for any other purpose, prior consultation with "A" shall be made so as not to undermine the composition, harmony and activation of the entire

(3) Where “B” intends to change its use after the scheduled date for the full completion of sale and purchase, the relevant provisions, such as management rules, shall apply.

Article 12 (Cancellation of Contracts) (1) A shall have any of the following grounds to B:

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