logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2020.02.07 2019가단50628
계약금 등 반환
Text

1. The defendant shall pay 47,586,00 won to the plaintiff and 5% per annum from January 26, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On October 7, 2017, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with the Defendant and the first floor E (hereinafter “instant commercial buildings”) of the D building in Namyang-si, Namyang-si, by setting the sales contract amount of KRW 951,720,00 [the contract amount of KRW 95,172,00 (the contract payment of KRW 95,172,00), intermediate payment of KRW 95,172,00 (the payment of KRW 95,172,00), and the remainder of KRW 761,376,00 (the payment of KRW 76,00)].

B. The main contents of the instant sales contract are as follows.

(C) Under the following contract, “A” and “B” refer to the Plaintiff respectively. Article 5 (Date of Designation of Occupation and Procedures for Occupation) (1) The period of occupation occupation deposit shall be one month from the date of designation of occupation deposit, and “A” shall notify “B” in writing not later than 30 days prior to the date of designation of occupation deposit.

(2) B shall pay in full the sale price and overdue interest within the fixed date, and obtain a sales deposit certificate stating the sales date after submitting all the documents requested by A.

Article 12 (Cancellation of Contract) (1) A may cancel this contract in cases where B falls under any of the following subparagraphs after a peremptory notice is given for a grace period of 14 days and no implementation thereof is made:

Where the part payment prescribed in Article 2 is not paid in arrears even if the part payment is partially paid for at least 30 days.

(b) When the balance is not paid within 30 days from the first date of the salesroom occupants' possession period, the contract is terminated on the grounds falling under Article 13 (Penalty and Refund) (1) and 12 (1) and (2), 15 percent of the total sales price shall be deemed a penalty and the remaining amount shall be reverted to A and refunded to B.

In such cases, Eul may not claim the period for the sale price already paid to Gap.

(2) Where this contract is terminated for reasons falling under subparagraph 1 (b) of Article 12, the remaining amount shall be returned to B after deducting the penalty under paragraph (1) of this Article from the sale price already paid by B, and where there is no remaining amount, he/she shall not request the return thereof.

arrow