(영문) 인천지방법원 2016.08.23 2016가합51411

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(영문) 인천지방법원 2016.08.23 2016가합51411

계약금 등 반환청구

Text

1. The defendant is about KRW 476,280,00 for the plaintiff A, KRW 300,000 for the plaintiff B, and KRW 150,000 for the plaintiff C and each of the above money.

Reasons

A. On March 5, 200, Plaintiff B, C - Sales Price (100%) 2,973,60,000 won (10%) : The remainder (90%) 297,360,000 won (payment upon the conclusion of a contract): Article 7 (Non-performance of Obligations and Compensation for Damages) (1) where one of the parties neglects performance in violation of this contract, the other party shall notify the other party of the grace period for a period of one week, and where one party fails to perform the contract within the maximum period of time, the other party may cancel the contract. ② The other party to the contract may respectively claim damages following the termination of the contract, and the contract shall be deemed as the basis for compensation for damages, unless otherwise agreed.

Where the plaintiffs violate this contract, the down payment shall not be attributed to the defendant and shall not be entitled to claim a return.

*Special Agreement

1. A contract succeeding to the current state of goods and the content of the current process of permission for land development acts. 2. The Plaintiffs are subject to the “Public Access Notice for Request for Designation of Urban Development Zones” in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City, which is currently underway, so the Plaintiffs were sufficiently informed of the restrictions, etc. on development activities that may arise in the future. The Plaintiffs also become aware of them and do not raise a separate objection

3. Regarding paragraph (2) above, services for the cancellation of designation of an urban development zone shall be incurred by a purchaser in the course of rendering services to the Committee for the Settlement of Disputes and the cost of services (including the cost of permission for land development) shall be borne

4. Land civil construction costs shall be jointly borne by all buyers of the land after permission for development activities.

5. The plaintiffs must proceed with the construction and operation of the building permit agreement division after the contract.

Building area = 30,000 won, commercial buildings:

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