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(영문) 서울중앙지방법원 2019.08.30 2018나79744
계약금 반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. In the sale of the above real estate under Article 2 of the oldcheon District Court (95,00,000), the purchaser shall pay the purchase price in the following manner: (a) In the sale of the above real estate, the purchaser shall pay the purchase price:

b. Payment and receipt at the time of a contract to pay the down payment, the intermediate payment, the intermediate payment, the payment on May 28, 2015, and the remainder payment, the payment on June 15, 2015, shall be made in the presence of the broker. Article 3 of the title of the said real estate shall be made on June 15, 2015.

b. If the seller has entered into this contract in writing, he shall pay twice the amount received as the down payment to the buyer, and if the buyer has entered into this contract in writing, the down payment shall be null and void and shall not claim a return.

"Matters of special agreement" - The sales contract shall be the agreed referring to the adjustment when the balance is not prepared on the date of the balance.

Provided, That the goods may be replaced at the time of adjustment of consultation.

- The sales contract is the expected temporary house for removal under the urban planning, and later, the terms and conditions of the application for the right to move in at the time of compensation, and the compensation paid at the time of compensation,

- This contract will be replaced by the same conditions in the event that the C Occupancy does not take place at the time of compensation.

- The sales contract refers to the transfer of ownership at the remainder of the contract.

(F) Empo-gu D Parking Lot Business Goods. - This sales contract is a post-management key until the time of occupancy, and it is separate from the post-management expenses. - Where the remainder of the goods is not confirmed as urban planning projects, the full refund of the purchase price shall be made.

On May 12, 2015, the Plaintiff entered into a contract with the Defendant, a company engaged in real estate enforcement, sales agency, etc. to purchase “C occupancy rights” at KRW 95,000,000 in price (hereinafter “instant sales contract”) and drafted a contract with the following contents:

B. Meanwhile, at the time of the conclusion of the instant sales contract, the Plaintiff would inform the location of the real estate that is the real estate subject to the actual sales if the deposit of the down payment is made.

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