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(영문) 대구지방법원 상주지원 2018.02.22 2017가합5200
분양대금반환 등 청구의 소
Text

1. The Defendant: (a) KRW 229,676,400 for the Plaintiff and KRW 6% per annum from October 1, 2007 to October 11, 2017; and (b).

Reasons

1. Basic facts

A. C (hereinafter “C”) is an executor who constructed E (hereinafter “E”) located on the land outside D and three parcels at the time of residence, and the F Co., Ltd. (hereinafter “F”) is a fund manager who entered into a real estate security trust agreement with C as a fund manager.

B. On February 28, 2006, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with C to purchase the F1,926,000 square meters of land and 14.50 square meters of land share of 29.03 square meters of land for public use and 34.99 square meters of land (hereinafter “instant real estate”) among E, in which the Plaintiff would purchase the sale price of KRW 281,926,00 of land (hereinafter “instant sales contract”).

C. According to the instant sales contract, the Plaintiff paid down payment and intermediate payment as listed below, such as paying down payment of KRW 14,096,300 on the contract date.

The amount to be paid as of February 14, 2006, 096, 300 intermediate payment (1), April 10, 2006, 42,288,90 intermediate payment (2j) on April 10, 2006, 56, 385, 200 intermediate payment (3j) on August 10, 2006, August 10, 2006, 21,44,500 in total, 211,44,500 intermediate payment (4j) on October 56, 2006, 200 intermediate payment (4j) on October 56, 2006.

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

(2) If a plaintiff fails to pay an intermediate payment and any balance within an agreed period, he/she shall pay C the late payment charge calculated based on the number of days in arrears by applying the overdue rate of 17% per annum to the amount in arrears. In cases of arrears, the repayment order of the price shall be the order of late payment, intermediate payment, and balance in the order of arrears.

(3) Where C is unable to place salesroom occupants at the scheduled date, C shall pay the overdue charge calculated by applying the overdue rate under the above paragraph (2) to the Plaintiff, or deduct it from the remaining payment, the overdue charge calculated by applying the overdue rate under the above paragraph.

Article 4 (Cancellation of Contract) (2) The plaintiff may cancel this contract if it is impossible to move into within three months from the scheduled date of move into due to any cause attributable to C.

provided, however, that of natural disasters;

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