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(영문) 수원지방법원 2015.06.23 2014가합62056
매매대금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On June 26, 201, the Plaintiff concluded a contract to purchase KRW 75,00,000, KRW 846,000, each of the instant officetels 820, and KRW 65,00,00 with Defendant B, a corporation operating a business of converting the 8th floor of D ground E into and selling it to the Urban Residential Housing F (hereinafter “the instant officetel”) and the instant officetel 820,823, respectively, and entered into a contract including the following (hereinafter “instant sales contract”).

(The nominal Holder of the contract is the above company, but the defendants do not dispute that the contract is actually a party to the contract in question). Article 1 (Method of Payment) Section 1 (Method of Payment) Section 820, the balance of the intermediate payment of the down payment 20% (30%) 1 (30%) 2 (30%) (30%) (30%) of the due date of payment 2011;

7. The payment date of 15,00,000 22,50,000 15,000,000 222,500,000 22,500,500,000 22,500,000 82,200, 200 20% of the remainder payment of the down payment (30%) second (20%) (30%) (30%) (30%) on August 25, 2011, 2011;

7. The payment date of 15,00,000 22,50,000 15,000,000 222,500,000 22,500,500,000 22,500,000 846 on August 25, 201, the balance of the intermediate payment of the down payment (30%) 20% (20%) (30%) (30%) (30%) (30%) on the date of payment of the contract;

7. Amount of 13,00,000 19,500,000 13,000,000,000 19,500,000 on August 25, 201, Article 3 (Additional Charges and Compensation for Delays)

2. If the defendant's side is unable to occupy the plaintiff within the designated period of occupancy, the compensation for delay shall be paid to the plaintiff according to the rate prescribed in the preceding paragraph (18%) or deducted from the remaining amount of the sale price.

Provided, That this shall not apply to delay due to force majeure, such as natural disasters, administrative orders, the enactment and amendment of relevant Acts and subordinate statutes, and strike, which are not attributable to the defendant.

Article 4 (Cancellation of Contracts)

2. The plaintiff may cancel this contract if it is not possible to move into within three months from the date of designation of occupancy due to the reasons attributable to the defendant.

However, this shall not apply where the defendant has obtained approval for the use of the building from among the exercise of the plaintiff's right of rescission.

The completion of construction shall be twelve months, one month for occupancy, and the time of non-performance.

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