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(영문) 수원지방법원안산지원 2016.01.13 2015가단9004
계약금배액 변상
Text

1. The Defendant’s KRW 23,00,000 as well as the Plaintiff’s annual rate of KRW 5% from April 14, 2015 to January 13, 2016.

Reasons

1. Basic facts

A. On September 30, 201, the Defendant delegated C with all of his/her authority on the permission for development activities, land sale, lease, etc. of the members of Ansan-si, a member-gu, an Ansan-si (hereinafter “Before subdivision”).

B. On September 30, 2014, the Plaintiff entered into a contract with C to purchase the purchase price of KRW 111,200,000,000, out of the land before subdivision as follows (hereinafter “instant contract”) and paid the down payment of KRW 30,000,00.

A sales contract (Evidence No. 1) does not specify C as a defendant's agent, but C prepares a sales contract on behalf of the defendant.

A down payment of KRW 30,000: A seller of ownership transfer, who pays at the time of a contract, any balance of KRW 82,200,000: (a) on February 28, 2015, shall deliver all documents necessary for the registration of ownership transfer and deliver the said real estate to the seller.

When a buyer of a contract under Article 6 delivers money or goods to the seller as the down payment or deposit money at the time of the contract, unless otherwise agreed, the seller shall pay the intermediate payment (if there is no further agreement, the balance) before he pays the down payment, and the buyer may waive the down payment and rescind this contract.

Article 7 If a default on obligations and a seller or buyer fails to fulfill the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and cancel the contract.

In addition, the parties to the contract may claim damages from the other party for the cancellation of the contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Matters of special agreement

2. The contract shall be re-preparationd when transferring the ownership;

In addition, on September 30, 2014, the Plaintiff is responsible for the authorization and permission of the above land by joint buyers C and C.

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