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(영문) 부산지방법원동부지원 2014.12.12 2014가합101131
계약금반환 등 청구의 소
Text

1. The defendant shall pay to the plaintiffs each amount stated in the "total" sheet in attached Form 2, and it shall be one of them.

Reasons

1. Basic facts

A. The parties concerned are housing reconstruction and rearrangement project cooperatives established for the purpose of removing “A apartment” and constructing “V apartment” (hereinafter “instant apartment”), and the plaintiffs are the defendants and the following.

It is the people who have concluded a contract for sale as described in the paragraph.

B. From June 8, 2011 to September 9, 2011, the Plaintiffs concluded a sales contract with the Defendant as to the number of the same subparagraph stated in the “list of Sale Details” in the attached Table 4 attached hereto.

(hereinafter “each of the instant sales contracts”). The relevant provisions of each of the instant sales contracts are as follows.

Article 2 (Cancellation of Contracts) (3) The buyer of January 2014 (if the contract is somewhat changed according to the process) may cancel this contract if it is impossible to move into within three months from the scheduled date of occupancy due to the reasons attributable to the defendant.

Article 3 (Penalty) (2) When this contract is terminated for reasons falling under Article 2 (3), the defendant shall pay 10% of the supply price to the purchaser as penalty for breach of contract.

(3) In the case of paragraphs (1) and (2), with respect to the price already paid by the purchaser (the penalty shall be deducted in the case of paragraph (1)), the Defendant shall refund to the purchaser by adding the interest corresponding to the interest rate on time deposits with one-year maturity in the National Bank from the date of receipt

(1) The interest on a loan equivalent to 60% of the total selling price by the purchaser from a loan financial institution designated by the guarantee of the defendant or contractor shall be settled by the buyer on the first day before the date of the designation of occupancy in advance.

(Provided, That the buyer shall pay interest accrued from the first date of the designation period for occupancy directly to the bank).

The plaintiffs' price for sale is paid.

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