(영문) 서울중앙지방법원 2016.09.27 2015가합577489

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.09.27 2015가합577489

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The purpose of this contract is to purchase the instant land from the Defendant and build apartment houses by an urban development project. On the premise of this agreement, the non-party company and the Defendant sufficiently recognize the fact and set forth specific matters following the purchase of the instant land, and faithfully perform their mutual rights and duties in order to achieve its goal.

Article 3 (Methods of Paying Real Estate Price)

2. The purchase price shall be paid as follows:

1) The non-party company shall pay 10% of the purchase and sale price to the defendant at the same time as the land sale and purchase contract. 2) The balance shall be 90% of the purchase and sale price and shall be paid at the time of January 10, 2008 to 14

(Provided, That the designation of an urban development zone and no permission for land transaction shall be extended only once. The extension period shall be three months.

1. The defendant and the non-party company may not cancel this contract at will without any cause attributable to the other party, and the defendant may not rescind this contract by means of the repayment of a double amount of down payment.

2. Notwithstanding paragraph 1, in the event that the implementation of the “this project” is impossible due to a change in the urban planning, “the existence of the terms and conditions of land transactions and land use in the course of its implementation, or it is impracticable to resolve the existing restrictions, or it is difficult to include the real estate for the purpose in the project, the non-party company may cancel this contract, and the defendant shall refund the down payment received to the non-party company.

3. Where the Defendant fails to perform or double selling this contract without any cause attributable to the non-party company, he/she must compensate the non-party company for the total amount of the penalty and the cost for operating profit of this business as penalty and other damages.

4. Nonparty Company.

유사 판례

-인천지방법원 2017.01.24 2016가합52490

-인천지방법원 2017.04.04 2016가합58627

-대전지방법원 2016.04.27 2014가합7340

-인천지방법원 2014.09.24 2014가합50995

-서울남부지방법원 2017.06.30 2016가합110926