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(영문) 부산지방법원 2020.10.15 2019가단322879
약정금
Text

1. The defendant's KRW 15,538,663 to the plaintiff and 5% per annum from April 23, 2020 to October 15, 2020 to the plaintiff.

Reasons

1. Basic facts

A. F Co., Ltd. (hereinafter “F”) operated by D, E, etc., including the sale of C buildings and the Defendant’s sales contract

(C) From May 2016 to May 2016, a commercial building (hereinafter referred to as “C building”) which is a new building built on the G ground of Busan-gun G.

) H Co., Ltd. (hereinafter “H”) is proceeding with the enforcement and sale of shares.

(2) On May 23, 2016, the Defendant concluded a contract for sale in lots with H, and around 1,102,100,100,000, and the first or fifth intermediate payment (110,210,000, 110,210,000 each of the intermediate payment (10% of the parcelling-out price), and 440,840,000, each of the remainder payment was determined as 440,000 won, and the remainder was determined as 50,00,000,000, 50,000,000, 50,000, 50,000, 1 through 50,50,000, 1 through 50,000, 200, 201, 10,0000, 205, 200, 205, 200, 206, etc., respectively.

Since June 28, 2018, the defendant transferred 2/5 shares to L, and 1/5 shares to M, respectively, among the status of Jho Lake sales contract.

The relevant parts of each sales contract of this case are as follows.

Article 3 (Cancellation of Contracts) (2) The buyer may cancel this contract by himself/herself in cases falling under his/her own circumstances.

However, even if an intermediate payment is paid once, it shall be limited to cases recognized by the seller.

(3) Where any of the following causes occurs due to a cause attributable to a seller, the buyer may cancel the relevant contract:

1. Occupancy in excess of three months from the scheduled date of occupancy;

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