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(영문) 울산지방법원 2017.09.28 2017가합21288
원상회복금 등
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that operates real estate development business, housing construction business, etc., and the Defendant is the owner of each real estate listed in the attached Table.

B. Article 3 (Conclusion of Sales Contract and Establishment of Contract) ① The Defendant and the Defendant are well aware that the sales contract was concluded to promote the new apartment construction project on a group of lots including real estate subject to sale (22,000 square meters).

(2) The payment of the purchase price shall be as follows:

However, since "non-permanent and 1" purchases this real estate as part of an apartment complex, the sales contract is effective when "non-permanent and 1" pays the down payment to the defendant as a result of the completion of the reservation for the sales contract for the whole site subject to incorporation.

Article 11 (Cancellation and Termination of Contracts) (1) of the Agreement is concluded for a new apartment construction business as seen in Article 3(1). As such, the Defendant and “non-permanent 1” shall not terminate the Agreement until the remainder payment is paid after the down payment is made, as seen in Article 3(1), on the following grounds: (a) immediately after the completion of the promise for the sales contract for the entire site subject to 875 million won for the payment of the divided amount; and (b) immediately after the completion of the promise for the sales contract for the remainder of KRW 770,000,000 from the date of approval for the business to the respective account; and (c) the payment of the remainder shall be

The provisions of paragraph (2) of this Article shall also apply to penalty.

(2) When a defendant or one of the parties to a contract commits any of the following acts, the contract may be terminated after peremptory notice may be given in writing to the other party for a period of seven days from the relevant day for the performance of the contract:

In this case, if the contract is terminated due to the Defendant’s fault, the “non-permanent operator 1” out of the total amount of damages incurred due to the failure to implement the new apartment construction project and the total amount of the down payment calculated in proportion to the real estate for the entire site and the total amount of the down payment.

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