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(영문) 서울고등법원 2016.11.30 2016나2036032
계약금 등 반환청구
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Defendant Spaw Co., Ltd. (hereinafter “Defendant Spaw”) promoted the business of newly constructing and selling the “C Station D shop” building on the land B and 20 parcels of Gangdong-gu Seoul Metropolitan Government (hereinafter “instant commercial building”). As the substantial subject of the said business, the Defendant Korea Land Trust Co., Ltd. (hereinafter “Defendant”) entered into a land trust agreement with the management-type land trust agreement and entrusted the said business to the land trust for the Defendant.

B. 1) On April 9, 2015, the Plaintiff entered into the instant sales contract with the Defendant’s land trust through employees, etc. of the sales stand-out event on April 9, 2015 (hereinafter “instant store”).

(1) The contract to purchase the value-added tax of KRW 400,000 (excluding value-added tax of KRW 10,180,800) (hereinafter referred to as “instant contract”) is referred to as “instant contract.”

(2) The Plaintiff paid KRW 41,018,080 (including value-added tax 1,018,080) as the down payment on the date of the contract, and KRW 41,018,080 (including value-added tax 1,018,080) as the intermediate payment on June 15, 2015.

3) The payment date of the second intermediate payment of KRW 40,00,000 (value-added tax 1,018,080) and the remainder of KRW 280,00,00 (value-added tax 7,126,560) of the instant sales contract set the period for the designation of the Defendant’s shop occupants. The contents pertaining to the rescission of the instant sales contract and the penalty for breach of contract are as follows. Article 2 (Cancellation of the instant sales contract) (1) “A” (land trust for the Defendant) is as follows: (a) “B” (where the Plaintiff committed an act falling under any of the following subparagraphs, the Plaintiff’s land trust for the Defendant was notified of performance within a reasonable period of time; and (b) if

1. Payment of the intermediate payment prescribed in Article 1 even if a peremptory notice is given with a grace period of at least 14 days, because it has not been paid twice or three months consecutively;

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