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(영문) 수원지방법원성남지원 2016.04.28 2015가단210230
매매대금반환
Text

1. The Defendant: (a) KRW 17.5 million for each of the Plaintiffs, and 5% per annum from June 4, 2015 to April 28, 2016; and (b) thereafter.

Reasons

1. Delivery of the object (Article 2) of KRW 450 million (the contract amount of KRW 50 million, the balance of KRW 40 million) of the purchase price of three parcels, other than D in Gwangju-si, Gwangju-si, and its ground buildings (Article 1) 179 square meters (the purchase price of KRW 450 million)

1. The seller shall exchange all the documents necessary for the registration of transfer of ownership with the buyer simultaneously with the receipt of any balance and deliver real estate;

Cancellation of Contracts (Article 6)

2. If the buyer fails to pay any balance within five days from the date of the balance or until the due date of payment agreed by the seller, the seller may unilaterally rescind the contract and the down payment which the buyer has paid shall be reverted to the seller as a penalty.

Special Agreements (Article 8)

2. A seller shall register the building in the building ledger and a certified copy of the building register after completion by February 28, 2015 and transfer it to another seller.

3. Of the down payment, KRW 20 million shall be paid at the time of a contract, and the remainder of KRW 30 million shall be paid up to February 28, 2015.

4. The remainder date is April 27, 2015, and the interest accrued on any balance (one million won per month) shall be paid to the seller until December 31, 2015 when the payment of the balance becomes known.

Provided, That if the balance is not paid by December 31, 2015, the contract deposit shall be confiscated and the contract shall be rescinded.

The major contents of the sales contract concluded on January 27, 2015 by the plaintiffs (joint buyers) and the defendant (sellers) are as follows:

B. By February 28, 2015, the Plaintiffs paid a down payment of KRW 50 million to the Defendant.

C. If the construction of a building is not completed by February 28, 2015 as stipulated in the instant contract, the Plaintiffs urged the Defendant to complete the construction of the building from the end of March 2015, and the Defendant to cancel the contract unless the construction is completed by April 1, 2015, to the Defendant by April 6, 2015.

“........”

With respect to the instant building, the completion was completed on April 8, 2015.

2. Assertion and determination

A. The Defendant’s assertion that the Plaintiffs had a duty to complete the construction by February 28, 2015 pursuant to the terms and conditions of the contract, but did not perform it. As such, the instant contract was concluded.

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