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(영문) 부산지방법원동부지원 2017.09.28 2016가단212731
계약금 반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendants are the building owners of the second commercial building G G G on the six lots outside Busan Young-gu, Busan, and six lots (hereinafter “instant commercial building”). The Plaintiff was operating the miscellaneous point of the trade name called Imat by leasing the H store in Nam-gu, Busan.

B. On July 27, 2015, around 19:30 on July 27, 2015, the Plaintiff stated that the distance from the other building should be at least 50 meters from the site of the instant shopping mall to be permitted to sell tobacco to Defendant C. Defendant C reconed the shock distance.

C. On July 28, 2015, the Plaintiff entered into a sales contract with Defendant C and J Licensed Real Estate Agent Office to purchase KRW 108 and 109 of the instant commercial building at KRW 910 million. The details of the sales contract are as follows.

(1) The seller shall pay the sum of the down payment to the seller before the buyer pays the intermediate payment (if there is no intermediate payment, the remainder) at the time of the contract. The buyer may waive the down payment and rescind the contract.

3) If a seller or buyer under Article 6 (Non-performance of Obligations and Compensation for Damages) has breached the terms of this Agreement, the other party may demand in writing that the seller or buyer be notified of the non-performance and cancel the contract. In addition, the contractual party may claim to the other party for damages arising from the termination of the contract, respectively, and the contractual party shall be deemed to be the basis for compensation for damages, unless otherwise agreed on. 4) The remainder under the special clause 5 shall be paid within 20 days after the completion

The instant commercial building obtained the completion permission on July 20, 2016, and the Defendants urged the Plaintiff to pay the remainder on July 29, 2016, and notified the Plaintiff of the cancellation of the contract if the remainder is not paid by August 10, 2016.

E. Nevertheless, the Defendants, who did not pay any balance, did not pay the remainder, on August 25, 2016.

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