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(영문) 광주지방법원 2018.10.17 2018가단511008
기타(금전)
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 109,223,360 and 5% per annum from April 14, 2018 to October 17, 2018.

Reasons

1. Basic facts

A. The Defendants are co-owners of the E-commercial buildings newly constructed in Gwangju Dong-gu (hereinafter “instant commercial buildings”).

B. On September 21, 2017, the Plaintiff concluded a sales contract between the Defendants and the Defendants for the purchase of F units in the instant commercial buildings in KRW 441,980,00 and KRW 239,316,00.

The Plaintiff paid the Defendants the down payment of KRW 44,198,00 and KRW 23,931,600 for the same day and the down payment of KRW 23,931,60 for the remainder on the designated date of the shop occupants.

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

(A) The Defendants, B, and the Plaintiff. The scheduled date of saleroom occupants: Article 5 [Contract Cancellation](3) of the schedule of December 2017: If the saleroom occupants are delayed for more than three months from the original scheduled date of sale due to the reasons attributable to the Party A, or if it becomes impossible to perform the contract during the contract period, the contract may be rescinded.

Paragraph 4: Where this contract is terminated for reasons falling under paragraphs (1) through (3), B shall be paid to the other party in cases of paragraph (1) or (2), and in cases of paragraph (3), A shall be paid to the other party by 10% of the total amount of the sale price as penalty.

The Plaintiff and the Defendants scheduled the scheduled date of occupancy at the time of the instant sales contract to be “ December 2017.” However, the Defendant failed to undergo an inspection for approval for use of the instant commercial building even until April 1, 2018, exceeding three months from December 2017, which is the scheduled date of occupancy as agreed.

E. The Plaintiff notified the Defendants of the intention to cancel the instant sales contract through the delivery of the copy of the instant complaint pursuant to Article 5(3) of the instant sales contract on the grounds that the Plaintiff failed to make sales at the time exceeding three months from December 2017.

The Defendants did not undergo an inspection for approval for use of the commercial building of this case until now.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1-2, and all pleadings.

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