logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원포항지원 2020.12.03 2020가단103861
매매대금반환
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Facts of recognition

A. The defendant's status is one of the co-representatives of executive agencies D who newly construct and sell officetels and neighborhood living facilities (the size of 5 stories underground, 15 stories ground, hereinafter "the instant officetels") in Nam-gu, Nam-gu at port.

B. The scheduled completion date of a sales contract: The scheduled completion date of the first sale contract (the scheduled completion date may be changed according to the process, and the occupant may later notify the scheduled completion date) on June 2017 was June 6, 2016, but the scheduled completion date was changed on June 6, 2015 when concluding a modified contract on June 2015.

Article 2 (Contract Payment, Installment Payment, and Balance Payment, etc.) (6) A agrees to pay interest on loans at the time of an intermediate payment loan, in the total amount of sales price paid by each purchaser, and does not raise any objection thereto.

Article 7 (Cancellation of Contracts) (3) Section B may rescind this Agreement in the following cases:

1. Where the occupancy has been delayed for more than 6 months from the scheduled date of initial occupancy due to a cause attributable to A, or where Gap has received a corrective order under Article 9 of the Act on Sale of Building Units from the permission-granting authority.

(5) Where this contract is terminated, A shall refer to the return of B after deducting the intermediate payment, the principal and interest of interest of loan, penalty, fees for sales agency paid by A, advertising expenses, and other incidental expenses, and it shall be deemed that there is no period for the amount already paid.

(7) Where A shall modify a design due to authorization, permission, relevant Acts and subordinate statutes, or other justifiable reasons, or where A performs affairs for normal completion of this project, such as the selection of alternative construction works under inevitable circumstances due to C's default, etc., the case falls under the cause of cancellation

arrow