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(영문) 수원지방법원 2014.10.30 2014가합7042
계약금반환
Text

1. The Defendants amounting to KRW 116,50,000 for each Plaintiff and KRW 5% per annum from June 3, 2014 to October 30, 2014.

Reasons

1. Basic facts

A. Defendant Kuwon Construction Co., Ltd. (hereinafter “Defendant Kuwon Construction”) is a company that constructed the officetel in Youngwon-si B and C (hereinafter “Dtel”). Defendant Kuwon Construction Industry Co., Ltd. is a company that sells the officetel jointly with Defendant Hanwon Construction Co., Ltd.

B. On March 6, 2014, the Plaintiff concluded a sales contract with the Defendants on each real estate listed in the separate sheet Nos. 1 and 2, and paid the total amount of KRW 116,50,000 ( KRW 75,500,000) as down payment.

1) Matters of common terms and conditions of each real estate sale (Article 23): Neighborhood living facilities are Class 1 neighborhood living facilities within the permissible scope of use (Article 3-4 of the Enforcement Decree of the Building Act), based on the guidelines for registration of the first building ledger in accordance with the guidelines for registration of the building ledger of the relevant local government (Article 11); the contractor shall cooperate in the designation of detailed purposes (Article 12); the total amount of supply shall be 7,71.72 square meters for Class 1 neighborhood living facilities and business facilities; the seller shall not raise a civil and criminal objection against it even if the area supplied by use and overlapping of designated types of business are future (Article 14); neighborhood living facilities shall be designated as a specific type of business (Article 14); the outside type of business (Article 10) and the convenience store shall be designated as a specific type of business (Article 13) and the convenience store shall be excluded from the designated category of business (Article 14) of the same Act; the convenience store shall be set out in the list 10-13 of the same type of business.

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