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(영문) 수원지방법원 2016.04.12 2015나15327
부당이득금
Text

1. The judgment of the first instance, including the Plaintiff (Counterclaim Defendant)’s principal claim expanded from the trial, is as follows:

Reasons

(b) Selling the price to a purchaser, and the purchaser shall pay the housing price to the purchaser in accordance with the following method of payment, and the remainder of the housing price, out of the housing price, shall be lending the price to the purchaser without interest by the deadline for payment:

Article 2 (Payment of Price, etc.) (1) If a buyer fails to pay the down payment, remainder of occupancy, and remainder of sale as prescribed in Article 1 by the respective payment deadline, the buyer shall pay the delinquent amount by adding the overdue interest rate set by the seller to the seller within the minimum delayed interest rate for the loan of the national bank to the number of days in arrears. In such cases, if the applicable interest rate is changed, each day shall be calculated according to the changed interest rate based on the changed interest rate.

December 30, 201 at the time of moving into the period designated for occupancy at the time of concluding a contract for the payment of 908,070 45,000 409,035 454,035,035 of the occupancy deposit x overdue interest rate 】 overdue interest rate 】 the number of days of delay 】 365 days (unit of : 365) and 3 (payment of taxes and public charges) 1 The amount of property tax, aggregate land tax, urban planning tax, common facilities tax, education tax, etc. on the display house at which the tax base date comes after the deadline for payment of the remainder of the occupancy deposit.

Article 9 (Cancellation of Contract) (1) The plaintiff may cancel this contract in case where the buyer has committed an act falling under any of the following subparagraphs:

1. Where the buyer fails to pay the remainder or the remainder within the payment deadline and the plaintiff has taken other procedures, such as the peremptory notice on the performance, but the contract has been cancelled under paragraph (1), the buyer shall restore the apartment of this case, etc. to the original state without delay and order the defendant to do so;

(4) Where a contract is cancelled pursuant to paragraphs (1) through (4), it shall be prescribed in Article 1.

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