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(영문) 서울남부지방법원 2018.10.17 2017가단258606
계약금반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(2) Article 2: (a) the seller, who wishes to pay and pay the balance of the sales price on December 11, 2017, will deliver all documents necessary for the buyer’s registration of transfer of ownership, as well as for the buyer’s registration of transfer of ownership; and (b) the delivery of the said commercial building will be December 11, 2017.

Article 6 If a seller or buyer fails to perform any of the terms and conditions of this Agreement, the other party may demand the person who has defaulted to perform the contract and cancel the contract.

In addition, a person who has failed to fulfill the contract may claim damages due to the cancellation of the contract, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed.

[Matters of special agreement] * Confirmation of a sales contract under the present facility registration certificate, and conclusion of a contract * all stores under the present lease contract are at the end of the balance until the remainder due to the seller's responsibility.

* The buyer’s personal information may be changed before the remainder date, and the seller agrees thereto.

* The value-added tax on a building shall be paid in the aggregate transfer, acquisition key* the down payment of KRW 20 million on the date of the contract, and KRW 130 million until October 10, 2017, and shall be paid in the remaining KRW 50 million on November 1, 2017.

C. On December 11, 2017, the remaining payment date of the Plaintiff notified the Defendants of the fact that the issue of illegal buildings and tenants directors is different from the contract, and thus, the Plaintiff notified the Defendants of the return of the down payment, and filed the instant lawsuit claiming the return of the down payment on December 21, 2017.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 2 (including each number), Eul evidence 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s claim for cancellation of contract (1) The Plaintiff exempted the Defendants from the value-added tax on the building at the time of entering into the instant contract, and leased under the seller’s responsibility.

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