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(영문) 의정부지방법원 2015.09.10 2014가단51626
계약금반환 등
Text

1. The Defendant’s KRW 11,916,00 for the Plaintiff and 5% per annum from April 28, 2012 to July 15, 2015.

Reasons

1. Basic facts

A. On April 27, 2012, the Plaintiff entered into a sales contract with the Defendant and C to sell KRW 119,160,000 (hereinafter “instant sales contract”) an urban-type E-type residential house located in the Gu Council-si (hereinafter “instant housing”), and transferred the down payment of KRW 11,916,000 to the Defendant on the same day.

Article 2 (Cancellation and Termination of Contracts) (1) A, etc. may cancel or terminate this Agreement even after it has been notified by committing an act falling under any of the following subparagraphs, in the absence of such performance:

1. Where the part payments prescribed by the specialty are not paid at least twice consecutively;

2. Where the balance is not paid within two months from the date of the agreement, the contract may be rescinded:

Article 3 (Penalties) (1) In the event that this contract is terminated due to a cause falling under Article 2 (1) and (2), Section B shall compensate for the corresponding amount of the down payment as penalty for breach of contract.

(2) Where this contract is terminated or terminated for reasons falling under paragraph (3) of Article 2, A shall compensate for the amount set forth in paragraph (1) (3) as penalty for breach of contract.

B. The following main contents are the cancellation of the instant sales contract and penalty.

(However, "A" means the defendant, C, and "B" means the plaintiff, and "A" means both the defendant, C and the contractor F.

According to the instant sales contract, the Plaintiff: June 30, 2012; October 30 of the same year; February 28, 2013; and

5. 30. 30. 4

8. The Plaintiff paid KRW 11,916,00 as the intermediate payment from 30.1 to 5 intermediate payment, and KRW 47,664,00 as the remainder on the designated date of occupancy. However, the Plaintiff paid the intermediate payment and the remainder.

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