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(영문) 인천지방법원 2016.04.27 2015가합52301
계약금 반환 채무부존재 확인
Text

1. The Plaintiff’s cancellation of the sales contract on the real estate listed in the separate sheet dated August 18, 2006 against the Defendant.

Reasons

1. The facts following the facts are found to be based on Gap evidence Nos. 2 through 6, and 9 (including branch numbers, if any; hereinafter the same shall apply) based on the whole purport of the pleadings, and the descriptions of evidence Nos. 1 and 2 are insufficient to reverse them.

On May 3, 2007, the Plaintiff completed the registration of initial ownership relating to each real estate listed in the separate sheet (hereinafter “each of the instant commercial buildings”).

B. On August 18, 2006, the Plaintiff entered into a contract for the sale of each commercial building of this case with B and received the down payment of 517,792,00 won in total (163,496,000 won (101, 90,736,000 won No. 90,736,000 won (203, 95,0000 won) 41,000,000 won (302,48,000 won) 302,528,303,000 won in total and 32,52,528,000 won in total, and 103,558,400 won in total. According to each of the above contracts for sale, where the buyer fails to pay the intermediate payment and the balance within 2 months after the expiration of the payment period, the Plaintiff may not refund the remainder within 15% in total after deducting the balance from the payment period.

C. B, around September 5, 2006, upon paying only the down payment for each of the above sales contracts to the Plaintiff, transferred the status of the buyer under each of the above sales contracts to the Defendant, and the Plaintiff accepted the above contract acceptance.

However, the Defendant did not pay the intermediate payment and the balance within two months from the payment date of the intermediate payment under each of the above sales contracts, and even if the Plaintiff urged to complete the registration of ownership transfer by paying the intermediate payment and the balance several times, the Defendant only requested the Plaintiff to pay the purchase price discount.

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