logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원충주지원 2020.11.26 2018가단24083
계약금 반환
Text

1. The Defendants jointly and severally against the Plaintiff A, KRW 28,00,000, KRW 56,000,000 to the Plaintiff B, and KRW 5,00,000 to the Plaintiff C, and the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 1, 2017, the Plaintiffs concluded a sales contract with H at the Chungcheong City, the Defendants sold in lots.

The main contents are as follows:

Plaintiff

CK of KRW 56,00,000,000 on May 30, 2018, 2017, December 30, 2018, 2018, CK of KRW 28,000,000,000 deposited on the scheduled date of occupancy in the lake square contract date, as of December 1, 2017, 2018, December 30, 2018, D L L of KRW 5,000,000,000 on May 30, 2018, 2017.

B. Since the commencement of the construction work, H Corporation was interrupted due to the design change, change of the construction work, and the Defendants’ failure to pay the construction cost, etc., and around January 2018, H Corporation was suspended due to the completion of only 15.02% of the construction work among civil engineering works, and the partial construction cost has not been paid.

C. The Plaintiffs requested the return of the performance peremptory notice and the down payment several times on the grounds of the suspension of construction work, and the duplicate of the complaint of this case seeking the return of the down payment under the Plaintiffs’ performance peremptory notice or the agreement of Gap 3 was served on the Defendants on November 30, 2018, and the brief dated April 3, 2019, which included the declaration of intent of termination, was served on the Defendants on April 4, 2019.

[Reasons for Recognition] A.1-10 (including a provisional number), the purport of the entire pleadings

2. Determination on the cause of the claim (the claim for restitution due to the cancellation of the contract in the selective claim) of the Defendants’ obligation to provide H occupancy provision based on each of the instant sales contract was virtually impossible (the grounds for the discontinuance of construction and the period of suspension, the duration and duration, the response of the Defendants, etc. can be assessed as impossible) or delayed performance due to the reasons attributable to the Defendants.

Each sales contract of this case was cancelled on April 4, 2019 on which the preparatory document was served on April 3, 2019, which contained a declaration of intent to cancel the contract.

Therefore, the defendants are obliged to pay the down payment and damages for delay deposited by the plaintiffs as the restoration from the cancellation of the sales contract to the plaintiffs.

The Defendants are the Corporation on the ground that they occupy the construction site of Plaintiff D Co., Ltd.

arrow