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(영문) 춘천지방법원원주지원 2020.12.09 2020가단54748
중도금반환청구사건
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On November 3, 2017, the Plaintiff’s purchase and sale contract acceptance and the payment of intermediate payments) C is the land of a lot number F, Class 2 general residence, area 1,358 square meters in the B project district located in the original city E, which is created between the Defendant and the Defendant in connection with the D development project (hereinafter “the instant land”).

The sales price shall be KRW 1.455 million, and among them, KRW 1.55 million, the remainder KRW 1.395 million, shall be divided into three equal parts, each of which shall be paid on July 3, 2018 in the name of the first intermediate payment, and on March 3, 2019 in the name of the second intermediate payment, each of which shall be paid on October 29, 2019 (hereinafter “instant sales contract”).

(2) On June 23, 2018, the Plaintiff entered into a sales contract with C to acquire the buyer’s status of the instant sales contract, and entered into a sales contract with C on the details of succession to the rights and obligations attached to the contract at the time of the instant sales contract, and entered as of June 27, 2018, the transferor, transferee, and transferee, as of June 27, 2018, and signed and sealed by the Defendant.

3) Around July 2018, the Plaintiff paid KRW 436.5 million to each Defendant of the second intermediate payment around March 2019, and KRW 436.5 million of the second intermediate payment. B. The Plaintiff’s notice of termination of the contract and the Defendant’s reply 1) around June 19, 2019, sent notice to the Defendant that “the instant sales contract is terminated in accordance with Article 8(2) of the instant sales contract and the Plaintiff demanded the Defendant to return the intermediate payment by July 5, 2019,” and Article 8(2) of the instant sales contract (hereinafter “instant rescission clause”) of the instant sales contract reaches the Defendant, and the buyer voluntarily seeks to cancel or terminate the instant contract due to the buyer’s reasons.

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