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(영문) 서울서부지방법원 2017.08.17 2017가단208860
해약금 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(3) The date of delivery of the above real estate shall be November 21, 2016.

Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

Matters of special agreement

1. A sales contract under the present facilities, the certificate of registered matters, and the conclusion of a contract;

2. The seller shall bear various public charges until the balance is reached; and

3. Of the down payment of KRW 70,000,000, part of the down payment of KRW 10,000 shall be deposited on September 12, 2016, and on September 20, 2016, the contract shall be prepared and supplemented by the seller’s written contract and this contract shall be prepared, and the remainder of the down payment shall be deposited at KRW 60,000,000.

4. The contract shall aim at delivery by the buyer of the relationship abroad.

5. Matters not stated in this special agreement shall be governed by the provisions of the Civil Act concerning the contract and by the general practice of real estate trade.

Deposit Account: Corporate Bank HB (Defendant) * Contract under which the seller agrees.

C. At the time of the formation of the instant contract, both the Plaintiff and the Defendant were staying in a foreign country, and only I, the Plaintiff’s seat, were present with the said licensed real estate agent.

I presented the terms of the contract to the Plaintiff and demanded the above licensed real estate agents to prepare the contract, and the above licensed real estate agents prepared the contract of this case in J with the Defendant’s mother, who was the Defendant’s agent (the above licensed real estate agents did not confirm the power of attorney, etc.).

There is no seal on the seller, buyer, and intermediary column of the contract of this case.

After the formation of the instant contract, I taken pictures of the instant contract with pictures, and transmitted the photographic file to the Plaintiff, Kakao Stockholm.

The above licensed real estate agents did not deliver a copy of the instant contract to either the plaintiff or the defendant, and there is no original of the instant contract. D.

The plaintiff on 2016.

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