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(영문) 수원지방법원 2015.06.26 2015나1908
부당이득금반환청구등
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

Reasons

1. Basic facts

A. On November 3, 2006, the Defendant concluded a contract to sell D apartment units 103 904 dong 904 (hereinafter “the instant apartment units”) with B at the time of the construction with the price of KRW 569,786,000 (hereinafter “instant sales contract”).

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

(‘A’, “B,” and “B,” respectively. Article 1(The unit of supply and payment method) 1. (The unit of KRW 44,00) 2.3 times (the contract date) 2.3 times ( July 16, 2007) 2.4 times ( July 16, 2007) 207.5 times ( August 16, 2008) 208.6 times ( August 16, 2008) 27,507,504,504,804,804,80504,804,804,80504,804,8080,804,808,804,80630,406,47,06, etc. of the contract) 27,508,208.

1. If “B” commits any of the following acts, the contractor of “B” may rescind this contract after giving a peremptory notice, if no performance is made:

(1) When the intermediate payment prescribed in Article 1 has not been paid at least 14 days and the payment has not been made at least two times with the fixed grace period of 14 days or more, and the payment has not been made within three months from the date of the agreement (within one month in the case of the second down payment)

2. “B” may rescind this contract on its own account.

However, where the intermediate payment is paid once, it shall be limited to the case where "A" is recognized.

Article 3 (Penalties)

1. When this contract is terminated for reasons falling under paragraphs 1 and 2 of Article 2, the total amount of the supply shall be 10%.

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