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(영문) 서울고등법원 2015.01.29 2014나2018009
매매대금반환
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the new construction and sales business of commercial buildings, and the Defendant is the implementer of the housing site development project of Kimpo-si, Kimpo-si (hereinafter “C district”).

B. 1) On October 14, 2009, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant, etc., and between the Defendant (a contracting officer: the head of Incheon Regional Headquarters) and the Plaintiff, the commercial area D970 square meters in the C district (hereinafter “instant commercial area”).

(2) The sales contract for commercial lots (hereinafter “instant sales contract”) in which the sales contract for commercial lots is to be sold in 1,684,572,000 won.

Article 1 (Sale Price) (1) The seller shall sell the commercial land of this case to the buyer at the price as listed below, and the buyer shall pay the sale price to the buyer at the place designated by the seller according to the following method of payment. The seller shall pay the sale price at the place designated by the seller: (1) The seller shall pay the balance of the sale price (10%) and the intermediate payment (50%) (50%) and the intermediate payment (50%) to the seller at the place designated by the seller according to the following method of payment: (2) 1,07,457,200 won and KRW 1,073,828,828,800,000 and KRW 1,073,828,282,286,000 on April 14, 2010; and (2) the buyer shall not accept the sale price at the disposal price at the disposal price rate of 1,000 if the buyer fails to pay the remainder and remainder by the due date; (1) the seller shall be exempted from the sale price at the payment rate of this case.

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