logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2018.05.18 2017가단62394
매매대금반환
Text

1. The Defendant shall pay 80 million won to the Plaintiff and 15% per annum from November 28, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendant, as a four parcel owner, such as Pyeongtaek-si C, is a person who promoted the project by developing and selling the above land (hereinafter “instant development site”).

B. On February 21, 2014, the Plaintiff purchased a parcel of 621 square meters in attached Form 3 as follows (hereinafter “instant parcelling-out contract”) from the Defendant on the following occasions among the instant development site:

The defendant completes civil works and division of land, and completes infrastructure works, such as excellent water, sewage pipeline works, urban gas management works, waterworks supervision works, road packaging works in a complex, retaining wall works, etc.

The purchase price shall be KRW 300 million, and the down payment shall be KRW 30 million on the date of the contract, the intermediate payment of KRW 20 million on March 20, 2014, and the remainder of KRW 250 million on March 20, 2014 shall be paid on June 30, 2014.

The date of registration for transfer of ownership and the date of delivery of real estate shall be June 30, 2014, and the payment of balance and simultaneous performance shall be made, and the date of balance may be changed according to mutual agreement.

Before paying the intermediate payment, the defendant shall reimburse the amount of the down payment, and the plaintiff may waive the down payment and rescind the contract.

C. According to the instant sales contract, the Plaintiff paid the Defendant a down payment of KRW 30 million on February 21, 2014, and KRW 20 million on or around March 20, 2014. However, the Defendant failed to complete civil works and infrastructure works until June 30, 2014, which is the remainder payment payment date. The Plaintiff and the Defendant paid the remainder after the Defendant completed civil works and infrastructure works. As such, the remainder payment date agreed to be changed.

Since then, the defendant did not proceed with civil and infrastructure construction until 2016, the defendant agreed that the plaintiff should complete the civil and infrastructure construction work and complete the registration of ownership transfer and compensate for the amount of the down payment if the plaintiff fails to comply with it by December 31, 2017.

E. Even after the Defendant’s construction work, the public works and infrastructure works.

arrow