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(영문) 서울서부지방법원 2015.06.24 2014가단31014
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 16, 2012, the Plaintiff concluded a sales contract with the Defendant, who is a new seller of Mapo-gu Seoul Mapo-gu Seoul apartment building B, to purchase the said apartment house 103 Dong 1701,00,000 won, and paid down payment of KRW 94 million. The intermediate payment of KRW 650,365,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won. The Plaintiff agreed to pay to the Plaintiff in installments by April 16, 2014, which is two years after the date of the contract.

(2) Article 3 (Payment of Taxes, Taxes, etc.) (1) At the time of the sale contract (referring to the date of payment of the remainder of the occupancy deposit if the remainder payment was made before the due date for the remainder of the occupancy deposit), property tax, aggregate land tax, urban planning tax, common facilities tax, education tax, etc., and special appropriation reserve under the relevant Acts and subordinate statutes, such as property tax, aggregate land tax, urban planning tax, education tax, etc., and special appropriation reserve under related Acts and subordinate statutes

Article 9 (Cancellation of Contracts) (3) Parcelling-out may cancel this contract in any of the following cases:

1. Where a buyer cancels this contract by himself/herself due to his/her own circumstances: Provided, That this shall be limited to cases where the seller recognizes the remainder after paying it;

(4) Where a buyer has cancelled a contract under subparagraph 1 of Article 3, an amount equivalent to 10/100 of the total housing price prescribed in Article 1 shall revert to the seller as a penalty (where the buyer is deducted from the down payment paid by the buyer, and the down payment is less than 10/100 of the total housing price, the remaining amount after deducting the down payment first from the down payment shall be deducted from the remainder of each occupancy).

(5) Where a seller of buildings in units cancels this contract.

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