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(영문) 수원지방법원평택지원 2016.11.10 2016가합259
매매대금반환
Text

1. As to KRW 270,00,000 among the Plaintiff and KRW 54,00,000 among them, the Defendant shall pay to the Plaintiff KRW 81,00,000 from July 18, 2015.

Reasons

1. Contracts for sale in Down-end Housing Units (Indication of real estate);

1. Location: Ansan E;

2. Designation of housing units 1) Area: 80 square meters in land and 20 square meters in roads.

3. Building description 1) Size of the building: The supply price and payment method under Article 1 of the 30th square meters; (1) A shall supply the said subject matter to B according to the amount, payment method and time as follows:

B shall pay the supply price to the bank account designated by A according to the payment method and time.

A shall not issue a separate down payment slip, intermediate payment slip, and the balance payment slip.

Provided, That if requested by B, A shall deliver a deposit statement to B.

The buyer’s intermediate payment (1j) of KRW 30% of the intermediate payment of KRW 81,00,000 on July 17, 2015 (270,000,000 on September 17, 2015; KRW 81,000,000 on August 17, 2015; KRW 10% of the intermediate payment (2j) payment of KRW 27,000,000 on September 17, 2015; KRW 27,000,000 on September 17, 2015; and KRW 10% of the remainder payment of KRW 27,00,000 on October 17, 2015; and KRW 10% of the remainder payment of KRW 27,00,000,000 on November 30, 2015 shall be paid at the following cycle:

Article 2 (Duty of Notice, such as Cancellation of Contracts, Change of Address, etc.) (1) Where A performs any of the following acts, A may cancel this Agreement after peremptory notice, if no performance is made:

(B) did not pay any balance within 2 months of the agreed date.

(4) If it is impossible to complete the completion within 3 months from the date of completion of the implementation plan due to a cause attributable to A, the contract may be rescinded.

(Provided, That where the completion of construction is delayed due to force majeure such as administrative orders not related to the causes attributable to A, B may not request A to cancel this contract due to such cause). Article 3 (Penalty, etc.) (4) Article 2 subparag. 1-1 is stated as “Article 3,” but it appears to be a clerical error in Article 2.

(4) Paragraph (1);

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