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(영문) 전주지방법원 2015.01.21 2014가합283
계약금반환
Text

1. The defendant shall receive KRW 168,098,00 from the plaintiff and at the same time real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On February 4, 2010, the Defendant acquired, from C, the right to purchase a partnership with regard to F apartment units E, and 905, 101, Dong-dong 79, Seojin-gu, Seoul Special Metropolitan City, which are multi-family housing units newly built and promoted D regional housing associations, (i.e., multi-family housing units). On April 10, 201, the Defendant acquired the right to purchase the said real estate and the real estate stated in the attached list, as well as the attached list, to the D regional housing associations on April 10, 201.

B. On July 9, 2010, the Plaintiff concluded a partnership apartment sales contract with the Defendant for the instant apartment (hereinafter “instant sales contract”) with the following terms and conditions as to the apartment.

In this case, the sales contract of this case No. 1) The place where the right to sell the apartment of this case is indicated: E, and F apartment of 101, 905, 333 square meters (110.57 square meters): The sale price of the apartment of this case is 40,200,000 won (including the amount of KRW 10,000,000, and the brokerage fee of KRW 2,000): the purchase price of the apartment of this case shall be paid to the defendant as follows: Article 1 of the contents of the contract of this case (including KRW 136,80,000).

Sales amount: 40,200,000 down payment: 40,200,000 won shall be paid on July 9, 2010, and Article 2 of the receipt shall be issued to the Plaintiff simultaneously with the receipt of the balance of the purchase and sale price of the apartment of this case, and the Defendant shall immediately submit other documents, such as a certificate of seal imprint, to the Plaintiff.

Article 3 Matters not entered in the sales contract of this case shall be governed by general practices.

The plaintiff shall be responsible for the interest, etc. incurred by failure to pay part payments, etc. on the payment date.

Article 5 Before the Plaintiff pays the intermediate payment (if there is no intermediate payment), the Defendant shall reimburse three times the down payment, and the Plaintiff may waive the down payment and rescind the instant sales contract.

Article 6. The sales contract of this case shall be faithfully performed by the plaintiff and the defendant and shall be terminated.

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