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(영문) 대구지방법원 상주지원 2018.02.22 2017가합5378
분양대금반환 등 청구의 소
Text

1. The Defendant shall start on October 1, 2007 with respect to the Plaintiff A’s KRW 112,608,120, Plaintiff B’s KRW 75,072,080, and each of the said money.

Reasons

1. Facts of recognition;

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

B. On February 28, 2006, Non-party H entered into a sales contract with D to purchase 230,376,000 square meters in lots (hereinafter “instant sales contract”) of F1.85 square meters in F1 square meters in the contract area of 23.72 square meters in F1 floor neighborhood living facilities, and 28.59 square meters in public use area of 28.31 square meters in lots (hereinafter “instant real property”).

C. According to the instant sales contract, H paid down payment and intermediate payment as listed below, such as paying down payment of KRW 11,518,800 on the contract date.

The amount to be paid as of February 11, 2007,518,800 intermediate payment (1j) on February 28, 2006 (2j) on April 34, 2006,556,40 intermediate payment (2j) on April 10, 2006 (3j), August 46, 2006, August 10, 2006, 172,782,782,000 intermediate payment (4j) on October 46, 2075,200 intermediate payment (4j) on October 46, 2006;

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

(2) If H fails to pay an intermediate payment and any balance within an agreed period, it shall pay D the late payment charge calculated based on the number of days in arrears, applying a rate of 17% per annum to the amount in arrears, and if any delay occurs, the repayment order of the price shall be the order of arrears, intermediate payment, and balance.

(3) If it is impossible to occupy a house at the scheduled date of saleroom occupants, D shall pay the overdue charge calculated according to the number of overdue days to H or deduct the overdue charge from the remaining price, by applying the overdue rate under the above paragraph (2).

Article 4 (Cancellation of Contract) (2) H 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 D.

Provided, That it is not a cause attributable to natural disaster or D.

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