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(영문) 서울중앙지방법원 2013.06.05 2012가합64876
계약금반환 등
Text

1. Defendant KB Real Estate Trust Co., Ltd.

A. 439,859,000 won and this shall apply to the Plaintiff Ecords Co., Ltd.

Reasons

1. Basic facts

A. On April 26, 2010, Plaintiff CB real estate trust with Defendant CB real estate trust; Defendant CB global (hereinafter “Copy Construction Co., Ltd.”) constructed; Defendant CB real estate Central Co., Ltd. (hereinafter “instant sales contract”); and Defendant CB real estate trust with Defendant CB real estate trust with Defendant CB real estate trust with KRW 22-3, Guro-dong, Guro-gu, Seoul (hereinafter “CB real estate trust with KRW 1401 through 1412”); and Defendant CB real estate sales contract with KRW 208,50,517,50,507, 206, 207, 205, 207, 207, 305, 160, 206, 140, 207, 2015, 207, 157, 4005, 207, 2015, 2017, 206, 2017, 157, 107.7, 14

B. Meanwhile, in the instant sales contract, where the Plaintiff’s Co., Ltd. fails to pay the intermediate payment and the remainder within one month from the agreed date, the Defendant KB Real Estate Trust may cancel the instant sales contract, and at the same time, the Plaintiff Co., Ltd shall pay 10% of the sales price as penalty to the Defendant KB Real Estate Trust.

C. From January 31, 2012 after the conclusion of the instant sales contract, around January 31, 2012, the status of the buyer for No. A1405 among the 14th floor of the instant building was transferred to the Plaintiff’s monthly loan, and the status of the buyer for No. A1410 as to No. A1405 was transferred to the Plaintiff’s monthly loan, respectively, and on February 27, 2012, Plaintiff No. A1410 as to Plaintiff No. A1410 on March 2, 2012, respectively.

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