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(영문) 서울중앙지방법원 2015.01.29 2014가합522048
매매대금반환
Text

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

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

Reasons

The defendant is a project implementer of the Yangju City Housing Site Development Project (hereinafter referred to as the "Housing Site Development Project in this case"), which is based on the total area of 11,424,464 square meters in total, such as Yangju-si, Northerndong, Sejong-dong, Sejong-dong, Chungcheongnam-dong, and Dong-dong, in Yangju-si.

C On September 29, 2010, between the Defendant and the Defendant, on June 30, 2013, concluded a sales contract with the following terms and conditions (hereinafter “instant sales contract”; “A” and “B” respectively; and on the same day, the Defendant paid KRW 30,84,00 as the contract deposit to the Defendant.

Article 1 (Sales Price and Price Payment Method) (1) A shall purchase the land of this case to B at the following price, and Gap shall pay the purchase price to B in accordance with the following payment method:

The purchase price of KRW 308,440,00 for the three separate payments of KRW 308,440,00 for the purchase price (the original contract price) to be paid on the date of the separate payment agreement under the Act of the Ministry of Finance and Economy, which was the date of September 29, 2010, the first installment of KRW 55,596,000 for the second installment on September 29, 2011, September 29, 2011, the second installment of KRW 5,500 for the five hundred on March 29, 2012, the second installment of KRW 5,500 for the five,50,000 for each five,50,000 for each five,50,000 for each five, 200 for each five,50,000 for each five,50,000 for each installment shall be paid at a rate of 0% per annum for the remaining payment on the date of payment.

In such cases, the interest rate shall begin to be calculated from the date of conclusion of the contract (the date of approval for land use or the date of settlement of the area notified by B where the contract is concluded with the temporary division area before the completion of the creation work).

(4) If Gap pays in advance the installment interest referred to in paragraph (2) prior to the beginning date of calculating the interest, more than the day he/she pays the purchase price, Eul may receive at a discount the amount calculated in accordance with the method determined by Eul and the interest rate.

In such cases, where the date of commencement of calculation of interest in installments is changed, it shall be settled on the basis of such change.

Article 2 (Amount of Damages for Delay) (1) A shall pay the principal and interest in installments of the purchase price under Article 1.

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