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(영문) 서울중앙지방법원 2016.08.26 2016가합531787
계약금반환
Text

1. As to KRW 225,027,00 among the Plaintiff (Counterclaim Plaintiff) and its KRW 75,009,00 among the Plaintiff (Counterclaim Plaintiff), the Plaintiff (Counterclaim Defendant) on November 29, 2014.

Reasons

1. Facts of recognition;

A. On November 21, 2014, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 250,030,000, the sales contract (hereinafter “instant sales contract”) with the Defendant for the purchase price of KRW 12-1,01, Seoul Jongno-gu and six parcels of land C (hereinafter “instant aggregate building”), and paid the Defendant the down payment of KRW 25,003,00.

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

Article 2 (Methods for Sale and Payment) (1) The plaintiff shall pay the sale price as follows, and the defendant shall not be obligated to notify the plaintiff of the payment date of the part payment separately.

Article 5 (Commencement and Procedures for Occupancy) (1) The period of occupancy shall be one month from the commencement date of occupancy, and the defendant shall notify the plaintiff of the commencement date of occupancy in writing 30 days prior to the commencement date of occupancy, on July 25, 2015, when the contract is concluded on the payment date of the first to the fourth fiveth fiveth occupancy of the intermediate payment of the intermediate payment of the divided down payment.

Article 6 (Late Payment Interest and Advance Payment Interest) (1) Where a plaintiff pays part payments or remainder after the payment date, he/she shall pay the defendant the overdue interest calculated by applying the overdue interest rate of 12% per annum to the amount of arrears plus the overdue interest calculated based on the number of days overdue.

Provided, That the number of overdue days of the remainder shall be added from the date after the occupancy period ends.

Article 8 (Succession to Rights and Duties and Transfer and Acquisition) (1) The plaintiff may not transfer his/her rights and duties under this contract to another person or use them as the object of a limited real right without

(2) The succession to rights and obligations under this contract may be made by submitting documents requested by the defendant and the responsible corporation, and the transferor and transferee together with their signature and seal, and in such cases, the transferee shall succeed to all obligations of the transferor, including this Agreement.

(hereinafter referred to as "not being omitted").

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