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(영문) 인천지방법원 2019.04.05 2017가합54578
계약금반환등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

The sales price of KRW 3,250,000,000 for down payment of KRW 325,00,000 for down payment: 60,000,000 for payment ( January 29, 2016), 265,00,000 for remainder payment of KRW 2,925,00,000 for payment ( February 29, 2016) and one month after the completion of order.

Article 1 (Purpose) The seller and the buyer are to pay the purchase price by agreement as follows:

Article 2 (Transfer, etc. of Ownership) A seller shall, at the same time as the receipt of the balance of the purchase price, deliver all documents necessary for the registration of transfer of ownership to a purchaser and cooperate with the registration procedures, and the delivery date of such real estate shall

Article 5 (Cancellation of Contract) The seller may reimburse the seller of the intermediate payment (if there is no intermediate payment, the remainder) before the buyer pays the intermediate payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or a purchaser has defaulted on the terms and conditions of this contract, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Matters of special agreement

1. It shall be 1,00,000,000 won and 1,000 won and 1,000 won when the contract is made;

(Creation Number: D, E, F, G, H, I, J, and K). 2. The buyer’s claim on the established collateral exists at the time of the completion of the contract.

3. The portion of subordinated loans, other than bank loans, shall be terminated at the time of surrender and, if not, shall be deducted from the sales amount at the time of surrender.

4. The transfer of this real estate shall be made upon the request of the buyer after the balance is completed.

5.If the purchaser fails to comply with the terms of the contract, this contract shall be reversed and the creation of a collateral security shall be terminated immediately.

On December 29, 2015, the Plaintiff, the Plaintiff’s representative M&C director, the Plaintiff’s representative Plaintiff, and the Plaintiff’s representative, indicated in [Attachment B] Nos. 1 through 13.

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