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(영문) 광주고등법원(제주) 2017.08.09 2016나10744
매매대금반환
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 36,000,000 as well as to the plaintiff on December 2, 2015.

Reasons

Facts of recognition

A. On September 23, 2013, the Plaintiff (the People’s Republic of China) entered into the instant contract, and the Defendant newly constructed in the Jeju City Party C, the entire condominium L108 Dong 102 (hereinafter “instant condominium,” including the said condominium, refers to “the instant condominium,” and among them, the part that the Plaintiff purchased is “the instant exclusive ownership.”

(2) The sales contract of this case (hereinafter “instant contract”) that purchases 600,000,000 won from the purchase price

The contract of this case was concluded. The main contents of the contract of this case are as follows. The sale price (Article 2): 600,000,000 won: 120,000 won: 120,000 won (payment within one month after the conclusion of the contract) (2) intermediate payment: 60,000,000 won (payment within one month: 20% before September 25, 2013): The remainder (20%) within one month after the completion: The scheduled date of use: the delivery of the instant exclusive ownership within one month after the completion: If the Defendant delays the delivery of the instant exclusive ownership within one month after the completion (Article 6: (1) if the delayed period does not exceed 60 days, the Defendant shall pay the Plaintiff 0.05% of the amount received from the Plaintiff as penalty, and the contract of this case remains in existence.

b. If the plaintiff intends to maintain the contract of this case, the defendant shall pay 0.06% of the sales price already paid to the plaintiff per day as penalty.

B. (2) On September 23, 2013, the Plaintiff concluded the instant contract, and paid 280,000,000 won in total, including the intermediate payment of KRW 60,000,000 on September 25, 2013, and the intermediate payment of KRW 100,000 on September 23, 2014 (i.e., KRW 120,000,000 in total (i.e., KRW 60,000 in total) to the Defendant (hereinafter “pre-sale payment”).

3) The defendant is the defendant.

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