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(영문) 대구지방법원포항지원 2020.02.18 2019가단5022
계약금반환 등
Text

1. The Defendant’s KRW 100,000,000 for the Plaintiff and 5% per annum from October 15, 2019 to February 18, 2020 for the Plaintiff.

Reasons

1. Case summary and judgment

A. On October 16, 2015, the fact that the Plaintiff (Buyer) and the Defendant (seller) entered into a sales contract (hereinafter “instant contract”) with respect to the land of 2699m2 square meters (hereinafter “instant land”) in North-gu, Chungcheongnam-gu, Chungcheongnam-si, and that the Plaintiff paid the Defendant the down payment of KRW 100,000,000 on the same day. There is no dispute between the parties.

The purchase price: 1,673,800,000 won: 100,000,000 won / Any balance that is paid and paid at the time of a contract: 1,573,80,000 won / / 1,573,800,000 won / the seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer at the same time as the remainder is received and cooperate with the buyer in the registration procedure.

Before the buyer pays the intermediate payment (if there is no intermediate payment, the balance) of the seller, the seller may refund the double of the down payment, waive the contract deposit and rescind this contract.

Where the seller or the purchaser has defaulted with the terms and conditions of this contract, the other party may notify in writing the person who has defaulted and rescind the contract.

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

A collateral security (100,000,000 won) with special agreement shall be terminated by the seller at the same time as the remainder.

B. The Plaintiff, who promoted the project to build a new welfare facility for the aged and a convalescent hospital, is obliged to use the instant land and its neighboring D site, as well as the size of 1108.2 square meters (hereinafter “Adjoining land”).

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