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(영문) 전주지방법원 2016.08.30 2016가단5995
계약금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from March 29, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On January 11, 2016, the Plaintiff purchased each real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) from the Defendant in KRW 300,000,000, and concluded a sales contract with a contract deposit of KRW 30,000,000, the remainder amount of KRW 270,000 at the time of the contract, and paid KRW 30,000,000 to the Defendant on February 15, 2016 (hereinafter “instant sales contract”).

Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If the seller or the purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

B. The part relating to the instant sales contract relating to the instant case is as follows.

C. Meanwhile, on July 2, 2010, the Defendant newly constructed a factory building with a total floor area of 485.1 square meters on the ground of 3693 square meters of a factory site in Kim Jong-si, Kim Jong-si. On February 24, 2011, the real estate stated in attached Table 4 (hereinafter “influent real estate”) was divided into the above factory site on February 24, 201, and even if there was no factory building, the said real estate was deemed to exist in the building ledger, and on September 22, 2014, the said building was registered as a building violating Article 11 of the Building Act.

On February 3, 2016 and around the fourth day of the same month, the Plaintiff sought the Defendant together with E as an individual during the instant sales contract.

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