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(영문) 부산고등법원 2015.08.20 2013나51896
수분양권지위확인 등
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

Reasons

1. Basic facts

A. On March 28, 2012, the Plaintiff entered into the instant provisional contract with the Defendant, a contractor for the reconstruction project of the said apartment complex implemented by the said apartment complex reconstruction and improvement project, as follows: (a) the Plaintiff would purchase the instant apartment complex 2 complex 300,000 and 277.03 square meters (hereinafter “instant real estate”); (b) on the same day, the Plaintiff transferred KRW 50,000,000 as the provisional contract amount, and KRW 450,000,000 as the additional contract amount under the name of each Defendant to the bank account in the name of each Defendant.

The indication of the object: The supply price of 300 commercial buildings in the Ulsan-gu C Apartment 2 Complex (the exclusive use area of 144.50 square meters, 82.53 square meters, the supply area of 227.03 square meters): 3,230,000 won (including value added tax): the down payment (10%) 323,000,000 won, the intermediate payment (10%) 323,000,000 won, the remainder payment (80%) 2,584,000,000,000 won on June 13, 2012, and the date of the designation of the tenant: the sale price of the real estate refers to the seller 50,000,000 won (including 50,000,000,000) and the sale price of the real estate, and the following shall be complied with:

1. (Conclusion Date of this Agreement) The present contract shall be entered into immediately after filing a report on the sale of a commercial building in a complex;

2. (Provisional Contract Deposit) The above provisional contract deposit shall be substituted as part of the down payment at the present contract.

3. (Pledge) If, before the date of the conclusion of this Agreement, it is impossible to enter into this Agreement due to the cause attributable to “B”, the provisional contract shall become null and void, and the above provisional contract shall revert to “A”.

4. (Change of Name) The buyer of the provisional contract and the principal contract shall be the same person; and

B. On July 3, 2012, the Defendant notified the Plaintiff of the rescission of the provisional contract, sent a content-certified mail to the effect that the Defendant notified the Plaintiff of the rescission of the provisional contract, and reached the Plaintiff at that time. As the Plaintiff refused to receive the refund, the Defendant, on July 31, 2012, issued a notice of the rescission of the provisional contract with the Ulsan District Court No. 3245, Jul. 31, 2012, issued KRW 500,000,000.

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