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(영문) 서울중앙지방법원 2015.06.10 2014가단48895
계약금반환
Text

1. The Plaintiff (Counterclaim Defendant)’s claim against the Defendant (Counterclaim Plaintiff) with respect to the Plaintiff-Counterclaim Plaintiff-Counterclaim Construction Co., Ltd. and the Defendant.

Reasons

1. Basic facts (i) The Plaintiff, on March 31, 2012, means options, such as the purchase price of B apartment units 209 Dong 1901 (hereinafter “instant apartment unit”) from the Defendant Il-ri-si Construction Co., Ltd. (hereinafter “Defendant Il-ri-do”), 1,026,210,000 won (hereinafter “instant supply contract”), the extension of balcony of separate contract items, and grass kis, etc. as follows.

64,040,000 won (hereinafter “instant separate contract”) entered into each supply contract with each purchase price of KRW 1,090,250,000,000. After paying each contract deposit of KRW 53 million (3 million under a separate contract of KRW 50,000,000) under the instant supply contract, etc., each balance shall be paid up to June 30, 2012. In this case, Defendant SP Construction Co., Ltd (hereinafter “Defendant SP”) signed and sealed each contract of the instant supply contract, etc. on the part of the seller of each contract of the instant supply contract, etc.

According to the instant supply contract, the first estr of the seller, the buyer, referred to the Plaintiff “B” as the buyer “B, and when the contract is terminated for the reasons falling under Article 2(1), 10% of the total purchase price shall be paid to “A” as penalty (Article 2(2)), and “B” shall be notified in writing to “B” within 10 days if there is any change in address. In the event of failure to perform this, the notice of cancellation of the contract to “B” to “B” shall be sent to the previous domicile, and shall be presumed to take effect 15 days after the dispatch, and the disadvantage to “B” shall not be liable to “A” (Article 2(3)). According to the instant separate contract of this case, if the apartment supply contract is rescinded, the separate contract item shall be rescinded, and in this case, the full down payment shall be reverted to “A” (Article 2(1)2(1)).

Consolidated Plaintiff’s remainder 976,210,000 won and the instant case.

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