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(영문) 부산지방법원동부지원 2014.11.28 2014가합2586
계약금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are those who share one-half shares of the instant real estate, and the Defendants are joint buyers of the instant real estate.

B. The actual purchase price of Article 1(1) of the Real Estate Sales Contract: The actual purchase price of KRW 645,00,000 shall be 60,000 (5,000,000 per contract date, the remainder of KRW 55,000 shall be paid on September 17, 2013): 585,000 (payment on November 29, 2013) / The remainder of KRW 585,00,000 (payment on November 29, 2013) shall be refunded to the seller, 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 purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and cancel 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.

On September 8, 2013, the Plaintiffs concluded a sales contract to sell the instant real estate in KRW 645,00,000 (hereinafter “instant sales contract”) with the Defendants as a broker of F, a real estate broker, and the main contents are as follows.

C. The Defendants notified the payment of part of the down payment and the cancellation thereof paid to the Plaintiffs KRW 5,00,000 among the down payment of KRW 60,000,000,000 on the date of conclusion of the instant sales contract, and then notified the Plaintiffs to return KRW 5,00,000 already paid without paying the remainder down payment of KRW 55,00,000 (hereinafter “the instant down payment”) on September 12, 2013, the Defendants demanded the Plaintiffs to return the down payment of KRW 5,00,000 already paid, but refused it on September 24, 2013.

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