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(영문) 부산지방법원 2017.12.19 2017가단304037
분양보증금반환 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff is a company whose main business purpose is real estate sales agency business, etc., and the defendant is a person who newly constructs and sells the "C" in the size of 16 households and 12 households of officetels located on the land outside Busan-gu B and one parcel (hereinafter "the building of this case").

Section 1(Purpose)The purpose of this Agreement is to complete the sale of 16 households and 12 households of urban-type residential housing units under construction on the land outside B of Busan-gu, Busan-gu, where A is the Corporation.

Article 2 (Sales Price and Sales Fees)

1. The sales households are 28 households in total, and the sales price per household is 207,000 urban-type residential housing and 205,000,000 for officetels.

2. Deposits of the sale price, such as down payment, shall be deposited into the trust account designated by A.

4.The sales commission shall be 7,00,000 won per household, and 2,000,000 won per household out of the sales commission at the time of the contract shall be paid within three business days from the date on which Eul claims for the sales commission, and the remainder of 5,000,000 won shall be paid within 70% (20 households sales) after completion of the sales commission and within three business days from the date on which Eul claims the payment of the sales commission.

5. If 70 per cent of the sale targets cannot be achieved, a sales commission of 2,00,000 won or more for each household already paid shall not be charged.

Article 3 (Deposit for Sale in Lots)

1. Eul shall deposit KRW 100,000,000 as security deposit for sale at the time of the conclusion of this contract as security deposit for sale in lots to the account of the defendant of the defendant of the NAF.

2. The sale deposit shall be returned to the account of Eul within five days from the completion date of the sale in lots at least 70 percent (20 households) within three months from the completion date (the completion date of the preservation registration) of this building.

3. The sale in lots means the time when the down payment in the sale contract is deposited into the trust account; and

4. Where 70% or more of the parcelling-out deposit is not available within three months after completion of construction, 100,000,000 won shall be reverted to A as penalty;

Article 4 (Duties of A and B)

2. Three months after completion of construction works of Eul.

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