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(영문) 수원지방법원 2018.07.10 2017가합15150
계약금 반환 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 16, 2009, the Plaintiffs entered into a sales contract with the Defendants on November 16, 2009, the Plaintiffs are 13,223 square meters out of 15,573 square meters of the 15,573 square meters of the 15,573 square meters of the 15,573 square meters of the 15,573 square meters of the 15,573 square meters of the 15,573 square meters of the 29,982 shares owned by the Defendants (the Defendant C shares 6,726.5, 29,982/5, Defendant D shares 29, and Defendant E shares) (hereinafter “instant land”).

(2) The Defendants are entitled to purchase the following terms from the Defendants (hereinafter “instant sales contract”).

- Sales amount: 8 billion won (the first down payment KRW 200 million on the date of the contract, the second down payment KRW 300 million on the date of November 24, 2009, the intermediate payment KRW 5 billion on March 15, 2010, and the remainder KRW 2.5 billion on April 30, 2010, respectively. If the second down payment is not paid by 16 days on the date of the payment, the first down payment shall belong to the Defendants and this contract shall lose its effect.

- Special Terms and Conditions: The contract is deemed to have been terminated due to reasons attributable to the Plaintiffs, and the Defendants cannot claim the return of the down payment already paid by the Plaintiffs. The Defendants provided documents necessary for the change of authorization and permission and permission at the time of the Plaintiffs’ request. 2) The Plaintiffs paid the Defendants the sum of KRW 200 million of the first and second down payment, KRW 300 million of the second down payment, and KRW 500 million.

B. The Defendants expressed their intent to cancel the instant sales contract in the event that they did not pay the intermediate payment and the balance on May 17, 2010 and on June 2010, to the Plaintiffs, who did not pay the intermediate payment and the balance on the payment date stipulated in the instant sales contract. (2) On June 2010, the Plaintiffs prepared a written consent to cancel the instant sales contract, stating that the Defendants would cancel the superficies established on the instant land. (3) On June 2010, the Defendants would pay the intermediate payment with the approval of the business regarding the said land.

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