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(영문) 제주지방법원 2018.10.16 2018가단54424
계약금반환등
Text

1. The defendant,

(a) Plaintiff A, 14,452,230 won, and 5% per annum from May 30, 2015 to October 16, 2018; and

Reasons

1. Basic facts

A. On February 6, 2015, the Defendant obtained a construction permit for H-ground buildings (the underground first floor and the ground 8th floor; hereinafter “instant building”) from the Seopopo-si Si in Seopo-si, Seopo-si, and filed a report on the commencement of construction of the instant building on the same day with the Seopo-si Mayor, and the same year with respect to the instant building.

3. 10. Sales reports were filed respectively.

B. On May 20, 2015, the Defendant entered into a contract for the sale and purchase of the following terms (hereinafter “instant contract for sale and purchase”) with the network J (the Plaintiff A and the other Plaintiffs, a spouse, inherited the Deceased, following the death of the deceased; hereinafter “the deceased”). On the same day, the Defendant entered into a contract for the lease and management of the deceased and the lease deposit amount of KRW 57,879,00, and the rent of KRW 694,873, and the lease period of KRW 694,873 from December 1, 2016 to November 30, 2021.

Article 2 (Supply Amount and Payment Method) (unit: 10%) The sales contract shall be executed by KK in accordance with the sales contract and the sales contract and the sales contract and the agency contract shall be executed by KK in accordance with Article 3 (Trust Contract and Representation Contract) (19,293,000,000 at the time of moving into 192,930,293,293,0003,586,586,000 at the time of moving into 38,586,586,00 at the time of moving into 192,930,000,293,293,000,000,000,579,000 (unit: 30%) in selling the above objects, and the trust contract and the agency contract shall be managed by K in accordance with the trust contract and the sales contract with the trust administrator.

Article 11 (Cancellation of Contracts) (3) A (Buyer) may rescind this contract for any of the following reasons:

3. Where the occupancy has been delayed for more than three months from the date scheduled for the initial occupancy due to a cause attributable to Party A: Provided, That where the occupancy has been delayed due to an unavoidable cause such as a natural disaster, Party B shall not request Party A to terminate or cancel this contract due to such cause or event;

Article 17 (Bront Loan) (4) An intermediate payment which is substituted by the application for a loan by a Party A for an intermediate payment pursuant to Article 2.

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