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1. There is no obligation to return the sales contract money according to the agreement entered in the attached list with the Plaintiff against the Defendant.
Reasons
1. Basic facts
A. A. Around 2005, the Plaintiff determined the purchase price as KRW 500 million for the land and buildings thereon (hereinafter “each of the instant real property”) in Ulsan-gu B and the Defendant’s land (hereinafter “each of the instant real property”) and agreed to be paid within 180 days from the date of the payment of the down payment where the purchase price is affixed and sealed by 80% of the total area of the project site, and the remainder KRW 450 million was paid.
(hereinafter referred to as “instant sales contract”) B.
The main contents of the instant sales contract are as follows.
Article 2 (Means of Prohibition against Rent) In regard to the sale of the pertinent real estate, the buyer shall pay the purchase price to the seller by the following means of payment:
(including buildings and fixtures) Any balance, paid within 180 days from the date of payment of down payment.
Article 6 (Failure to Revoke Contract and Violation of Contract) 1) The Plaintiff may not unilaterally terminate this contract except in the case where the Defendant violates the present contract. 2) In the event that the contract is terminated in violation of this contract, the Plaintiff compensates the Defendant for the share of the amount already paid and the required amount (business-related expenses invested by the Defendant). In the event of the Defendant’s violation, this contract becomes null and void, and the Plaintiff may not seek the return of the already paid contract deposit to the Plaintiff
Article 9 (Contract Terms and Conditions 1) The Defendant shall pay to the Plaintiff delay damages at an interest rate of 12% per annum in the event of delay in the payment of the remainder after the date of payment of the down payment or the balance, and shall pay within 10 days after obtaining business approval. 2) The delay period under the above paragraph (1) above shall obtain business approval, and the down payment shall be reverted to the Plaintiff where 30 days pass after the date of payment of the down payment or the remainder payment
3) The Plaintiff may not cancel the sales contract until the expiration of the period for damages for delay. (c) Afterward, the Plaintiff received 50 million won down payment from the Defendant around 2005, but did not receive any balance until now.