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(영문) 창원지방법원마산지원 2019.01.23 2017가합101089
계약금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In fact, the Plaintiff entered into the instant sales contract and paid down payment, on June 26, 2014, with the Defendant, on the following terms and conditions as to the non-party E and the non-party E, the ownership of 121,456 square meters and 164 square meters of non-party E (hereinafter referred to as the “instant land”) with respect to the instant land (hereinafter referred to as the “instant sales contract”).

- Seller - The Defendant - the subject matter of sale: The Plaintiff - the subject matter of sale - the purchase price of 121,456 square meters: 4.7 billion won down payment at the time of the contract and the receipt of the remainder amount of KRW 4.23 billion. The remainder amount of KRW 4.23 billion shall be paid on November 30, 2014.

(A) Article 5 (Cancellation of Contract) The buyer shall reimburse the seller of the intermediate payment (if there is no intermediate payment, the balance) before the buyer pays the intermediate payment to the seller, and the buyer may waive the down payment and cancel this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) (1) Where a seller or a buyer has defaulted on the terms and conditions of this Agreement, the other party may give written peremptory notice to the person who has defaulted on the contract and rescind the contract. (2) Where the contract has been rescinded pursuant to paragraph 1, unless otherwise agreed, unless otherwise agreed, the buyer is liable to confiscate the contract deposit and the seller is liable to compensate for a double of the contract deposit if

(A) [Matters under special agreement] (hereinafter referred to as "matters under this special agreement").

1. When an urban management plan (G) in progress in the Franchi-gun of Gyeongsung-gun is not approved by not later than three months (90 days) from the date of the contract, the contract may be rescinded without penalty;

2. The 170 million won out of the down payment of KRW 470 million shall be the payment key until July 31, 2014.

3. The real estate owned by 164m2 and E, and 2 lots (164m2) shall be included in the principal purchase and sale contract.

The Plaintiff paid KRW 20 million to the Defendant on April 23, 2014, and KRW 100 million on June 9, 2014. On August 8, 2014, the Plaintiff paid the remainder down payment of KRW 170 million to the Defendant and paid down payment of KRW 47 million on August 8, 2014.

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