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(영문) 울산지방법원 2017.12.13 2017나21763
매매대금반환 등
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. An objection to the trial.

Reasons

1. Basic facts

A. The Plaintiff Sejong Co., Ltd. is a company that operates a civil engineering construction business, etc., while the development of the Plaintiff Songsung Co., Ltd. is a company that operates a housing construction business.

B. On June 20, 2006, the Plaintiffs entered into a contract to purchase all of the building and its ground buildings from Ulsan-gu, Ulsan-gu, Seoul (hereinafter “instant real estate”) for KRW 1 billion (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows: (a) Article 3 (Period of Payment and Establishment of Contracts) of the Real Estate Sales Contracts Act (i) Article 3 (Period of Payment and Conclusion of Contracts) 1 and the Plaintiffs are well aware that the sales contract was concluded in order to promote the reconstruction of apartments on a group of sites including real estate subject to sale and purchase

(2) The payment of the purchase price shall be as follows:

However, since the plaintiffs purchase the real estate as a part of the apartment complex, the sales contract is effective when the plaintiffs paid the down payment to A after the reservation for the sales contract for the whole site subject to incorporation is completed.

Article 11 (Cancellation and Termination of Contracts) (1) of the 1.0 billion won in total, being paid for 60 days from the date of approval for the remaining 900 million won to each account as soon as a promise for the sales contract is completed for the entire site subject to 100 million Won of the payment date of the divided amount, the down payment of KRW 100,000,000,000,000 from the date of approval for the business to be deposited into each account (i.e., the cancellation and termination of contracts) (i.

The provisions of paragraph (2) of this Article shall also apply to penalty.

(2) When either A or the plaintiffs have committed an act falling under any of the following subparagraphs, a contract shall be concluded after peremptory notice has been given in writing to the other party for a period of seven days from the relevant date:

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