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(영문) 서울남부지방법원 2020.02.12 2019가단229152
계약해제 및 손해배상
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The parties 1) Defendant C Co., Ltd. (hereinafter “Defendant C”)

) The Jung-gu Incheon Jung-gu E neighborhood living facilities (hereinafter “instant commercial buildings”).

Defendant D Co., Ltd. (hereinafter “Defendant D”) is the truster and beneficiary of the instant commercial building as the implementer of the new construction project.

Defendant B Co., Ltd. (hereinafter “Defendant B”) is the starting work of the instant commercial building.

(2) The Plaintiff is a seller and trustee entrusted with the instant commercial building in accordance with the management-type land trust agreement. (2) The Plaintiff is a buyer who signed a sales contract with Defendant C for the instant commercial building F and G.

B. 1) The Plaintiff entered into a sales contract between the Plaintiff and Defendant B on March 14, 2017 with regard to the instant shopping mall F (exclusive use area of 71.00 square meters) as the total sales price of KRW 539,200,000, and on March 15, 2017, with regard to the instant shopping mall G, the Plaintiff set the sales price of KRW 262,100,000 as the total sales price of the instant shopping mall as the sales price of KRW 262,10,000 (hereinafter “instant sales contract”).

The contract deposit (10% of the total sale price) was concluded, and the same day was deposited into the account designated by the Defendants. Article 2 (Cancellation of Contract) (2) of the instant contract for sale in this case (2) The Plaintiff may rescind this contract by itself in the event of its own circumstances. However, in the event that an intermediate payment was paid once due to its own reasons, it is limited to the case recognized by the Defendant B. (3) The Plaintiff may rescind this contract in a case where any of the following causes arises due to its fault attributable to the Defendant. (3) Where the contract purpose cannot be achieved because the difference between the content of the contract and the actual construction is obvious due to its significant difference between the content of the contract through the sale in lots advertisement, etc. and the actual construction structure, 5) where the contract purpose cannot be achieved due to the violation of other important matters of the contract, Article 3 (Penalties, 10% of the total sale price, and

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