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(영문) 창원지방법원 2014.08.27 2013가합1181
계약금반환 등
Text

1. The Defendants’ respective Plaintiff KRW 150,000,000 and the Defendants’ respective related thereto:

A. Defendant B, E, F, and G are from February 27, 2013, respectively.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence Nos. 1, 2, 4, 5, 6, and Eul evidence Nos. 2 (including each number, if any), witness H, and I's testimony and arguments:

The Defendants are the building owners of the Changwon-si J building in the Changwon-si Seoul Metropolitan Government (hereinafter “J building”), and the Plaintiff is the one who purchased from the Defendants the said J building heading 101, 102, and 103 (hereinafter “instant stores”).

B. On August 3, 2012, the Plaintiff entered into a sales contract with the Defendants for the instant stores as follows (hereinafter “instant sales contract”).

(A) Of the instant stores, the sales price of KRW 101: 1,140,00,000 for the intermediate payment of KRW 114,00,000 per contract: The remainder of KRW 50,000 per contract date: KRW 976,00,000 for the instant stores until August 14, 2012: the sales price of KRW 102 from among the instant stores: 1,05,000,000 for the contract date: KRW 105,000 for the intermediate payment of KRW 100,000 per contract date: the remainder of KRW 50,000 for the instant stores until August 14, 2012; the Defendants’ intermediate payment of KRW 895,000 for the remainder payment of KRW 103,000 for the instant stores; the Defendants’ intermediate payment of KRW 301,000 per contract date; and the Defendants’ intermediate payment of KRW 200,30100.1.

(2) The Plaintiff may cancel the instant sales contract in case where the salesroom occupants were delayed for more than two months from the initial scheduled date of salesroom occupants due to the reasons attributable to the Defendants, or where the Defendants’ performance of their contract was impossible during the contract period. In this case, 10% of the total sales price shall be paid to the Plaintiff as penalty. (c) The Plaintiff, on August 3, 2012, 350,000 won = 114,00,000 won as the down payment under the instant sales contract as of August 3, 2012.

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