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(영문) 서울동부지방법원 2015.12.18 2015가단102775
계약금 반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On April 11, 2014, the Plaintiff entered into a sales contract with the Defendant for State property purchased at KRW 319,809,000 (hereinafter “instant contract”) from the Defendant on the same day, among three floors sales facilities, amusement facilities, neighborhood living facilities, and parking facilities (hereinafter “instant building”) of reinforced concrete building No. 301, 863.955 square meters (hereinafter “301 square meters”) and third floors of the same building No. 302, No. 302, No. 308.56 square meters (hereinafter “302 square meters”), and paid KRW 31,980,900 to the Defendant on the same day.

The main contents of the instant contract are as follows.

(In order to emphasize the bottom part, the proceeds of sale in section 1, 301, and 302 shall be KRW 319,809,000.

Article 2 (1) The plaintiff shall pay to the defendant 31,980,900 won equivalent to at least 10/100 of the proceeds from sale under Article 1 on the date of concluding the contract.

(2) Where this contract is cancelled, the proceeds from sale under paragraph (1) shall be deemed a contract bond.

Article 3 (1) The Plaintiff shall pay 287,828,100 won, excluding the amount under Article 2, among the proceeds from sale under Article 1, by June 10, 2014.

(2) Where the plaintiff pays the remainder after the deadline for payment under paragraph (1) expires, he/she shall pay the late payment charge for the remainder pursuant to Article 73 of the State Property Act.

Where the plaintiff falls under any of the following cases, the defendant may cancel this contract:

1. Where the proceeds from sale have not been paid by the payment deadline, Article 6 (1) When this contract is cancelled pursuant to Article 5, the plaintiff shall waive the contract bond under Article 2, immediately return the purchased property to the defendant, and be liable for restoration and compensation

② After the Plaintiff returned the property and performed its responsibility for restoration to its original state, the Defendant shall refund the remainder calculated by deducting the amount equivalent to the loan charges from the proceeds of sale already paid to the Plaintiff from the date of rescission of this contract.

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