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(영문) 대구지방법원 2016.10.27 2016가단110519
계약금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 10, 2005, Scenz Co., Ltd. (hereinafter referred to as “NNC”) was established to carry out the development project of the Daegu-gu and 23 lots of land. On May 10, 2005, the Defendant and Daegu-gu Seoul-ro C large 167.9 square meters and the fourth floor of the ground reinforced concrete structure (hereinafter referred to as “the instant land and the instant building”) on the sales price of KRW 650,000,000.

On July 15, 2005, M.C. and the Defendant concluded a real estate sales contract of KRW 650,000,000 for the instant land and buildings, and the payment was determined as follows.

1) Upon the preparation of this contract, 1% of the contract amount (one-day deposit KRW 6,500,000) shall be paid immediately. 2) The contract amount shall be 10% (one-day deposit KRW 65,000,000), including one percent of the contract amount, and the deposit shall be made within seven days from the date the agreement for the entire site is completed.

4) In the event that the heavy balance is not paid within seven months after the conclusion of this contract, this contract is null and void, and the down payment is attributed to the seller. Chondi Liiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii) the Defendant on July 7, 2005 and July 19, 2005, respectively. On February 15, 2006, the Defendant urged the Defendant to pay 585,000,000 won to Hiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii) within seven months from the date of the conclusion of the contract, and thus the contract is terminated due to the failure of Hiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii to March 30, 2006.

A contract deposit is concluded, and the contract deposit is substituted by 65,000,000 won paid by PND to the Defendant before entering into the contract, and the intermediate payment and remainder are up to March 30, 2006.

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