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(영문) 대전지방법원 2018.04.18 2017가합104433
계약금반환 등
Text

1. The defendant,

A. The Plaintiffs’ KRW 182,00,000 and the interest rate of KRW 15% per annum from July 19, 2017 to the date of full payment.

Reasons

1. The purchase price of basic facts: 220 million won - the down payment: 22 million won - the intermediate payment: 138 million won - the remainder payment: the seller shall provide the buyer with the design books necessary for the completion of the construction, and the costs necessary therefor shall be borne by the seller;

Until the completion of construction is completed, the ownership of the seller shall be transferred to the buyer after completion.

The intermediate payment shall be the date the relevant person's name is changed and the design drawings are completed in the architectural design office and the part is delivered to the purchaser.

Construction may begin from the date of payment of part payments.

Any balance shall be paid and the ownership shall be transferred as the land transaction permission is obtained.

A seller shall cooperate with all the buyers so that the buyer does not cause any impediment to the construction.

The seller shall waive the cost of the down payment separately from the amount of the down payment, and the cost of the down payment by the buyer and the cost of the down payment by the buyer.

(hereinafter “Agreement on Penalty of this case”). A.

On November 11, 2016, the Plaintiffs entered into a sales contract with the Defendant on the following terms with respect to the land of Sejong-si D 330 square meters and E prior to E 496 square meters (hereinafter “instant land”). On the same day, the Plaintiffs paid KRW 22 million to the Defendant as the down payment.

Matters to be implemented by the seller - Construction renewal is responsible on the basis of the size of building permit applied for the land in this case.

- While constructing a building in the name of the construction permit holder, the registrant shall be responsible for the transfer to the buyer in the middle after the change or completion of the building name.

Matters to be performed by the purchaser - All construction costs for buildings permitted to the land of this case shall be borne.

- The intermediate payments shall be paid on the date of receipt by the seller of the existing construction permit book.

B. Thereafter, around December 2016, the Plaintiffs drafted a written agreement with the Defendant with the following terms (hereinafter “instant agreement”) (hereinafter “instant agreement”), and December 2016.

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