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(영문) 수원지방법원안산지원 2019.05.16 2018가합8634
매매대금반환
Text

1. The Defendant’s KRW 37,88,700 for the Plaintiff and KRW 5% per annum from July 1, 2018 to March 20, 2019.

Reasons

Facts of recognition

The defendant's business for sale in lots and the plaintiff's status are the execution company of the business that newly constructs and sells the 7th underground floor, the 18th ground, and the 664 households of the 664 household units (hereinafter referred to as "the aggregate building of this case") on the C's ground in Si

E, on November 6, 2015, concluded a sales contract with the Defendant for the sale price of KRW 378,887,00 in total (i.e., the sale price of KRW 124,869,00 in the sale price of KRW 127,09,00 in the sale price of KRW 127,00 in the sale price of KRW 127,00 in the sale price of the instant aggregate building (hereinafter “each of the instant officetels”).

(2) Article 10 (Cancellation of Contracts) 10 (Cancellation of Contracts) of the 2018 scheduled occupancy date (the scheduled occupancy date after approval for use is changed according to process, and the accurate occupancy date is later notified) (4) of the 2018 scheduled occupancy date of the 2018 scheduled occupancy date (the scheduled occupancy date may be changed after approval for use, and the contract may be cancelled).

(Provided, That if the occupancy is delayed due to force majeure, such as natural disasters or administrative orders unrelated to the defendant's cause, they shall not demand the defendant to cancel this contract on such ground).

Each sales contract of this case includes the following contents:

E paid the down payment and intermediate payment to the Defendant in accordance with each of the instant sales contracts, and the Plaintiff acquired the rights and obligations regarding each of the instant sales contracts from E on May 21, 2018.

On January 30, 2018, the defendant notified delay and cancellation of occupancy to the buyers of the instant aggregate building including the plaintiff on January 30, 2018.

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