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(영문) 청주지방법원 2018.11.22 2017가합204312
원상회복 및 손해배상
Text

1. As to KRW 459,235,200 and KRW 76,539,200 among the Plaintiff, the Defendant shall be from March 22, 2018 to the day of full payment.

Reasons

1. Basic facts

A. On February 28, 2017, the Defendant completed each of the registration of initial ownership in relation to the above apartment and commercial buildings around February 28, 2017, as a regional housing association for the purpose of constructing and selling 1,206 households apartment and commercial buildings on the land of 124,028,000 square meters of the members of the Seo-gu Seoul Metropolitan Government C Day.

Article 2 (Cancellation of Contract) (1) A (the defendant, hereinafter the same shall apply) may cancel this contract when B (the plaintiff, hereinafter the same shall apply) commits any of the following acts, and on this ground B shall not raise any civil or criminal objection against A:

1. Where the balance has not been paid within three months from the end of the designated period for the saleroom occupants; 2. Where the rights and duties under this contract have been transferred to another person without the approval of the Party A or used for the purpose of holding a limited real right or any other fence, the Sheshed may rescind this contract where the sale of the remainder has become impossible within three months from the scheduled date for the saleroom occupants (the scheduled date on December 2016) prescribed by the specialist

Article 3 (Penalty) (1) When this contract is terminated for reasons falling under Article 2(1), the total amount of the supplied money shall be reverted to the penalty A.

When this contract has been terminated on the grounds falling under Article 2(2) of the Do governor, Party A shall pay to Party B the total amount supplied as penalty.

Article 5 (Additional Fees, Overdue Charges, and Compensation for Delays) If she has delayed the payment of the intermediate payment and the balance, he/she shall pay the late payment charge calculated by applying the overdue rate of 10% to the number of days elapsed.

(The overdue interest rate shall not exceed the overdue interest rate for the general loan of commercial banks. In such cases, the relevant overdue interest, disposable discrimination part payments, and remainder payments shall be paid in the order of the overdue interest, etc.

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