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(영문) 서울중앙지방법원 2020.02.20 2019가단5044589
계약금 반환청구
Text

1. The Defendant’s KRW 150,000,000 for the Plaintiff and 15% per annum from March 9, 2019 to May 31, 2019.

Reasons

1. Basic facts

A. On November 9, 2018, the Plaintiff entered into a sales contract with the Defendant on the purchase price of KRW 1,225,00,000 for the instant land and its ground buildings owned by the Defendant and the Defendant (hereinafter “instant sales contract”).

The details of the instant sales contract are as follows.

Article 3 (Sales Price and Payment Method) (1) The plaintiff shall pay the purchase price to the defendant in cash to the account designated by the defendant as follows:

The fixed-term down payment of KRW 150,000,000 on the date of division shall be deposited into the account after the contract on November 2018.

An intermediate payment of KRW 300,000,000, 2018. When it is possible to grant permission for development activities within two months after the receipt of authorization and permission, both parties shall be paid.

Any balance 75,000,000 won may be changed according to the schedule of permission, within 15 days from the date of permission March 30, 2019.

Total 1,225,00,000 won 168,000,000

1. This contract is concluded at the time of payment of the down payment after the contract is made (see November 16, 2018). 2. When the buyer makes a request for necessary documents for the approval of the factory and warehouse facilities, the seller shall promptly provide all the documents to the seller.

6. In the event that the purchase of non-land management D is not possible, this Agreement will be cancelled without terms and conditions.

Article 4 (Terms and Conditions of Sales Contract) (1) After the conclusion of this contract, a seller shall provide a buyer with all documents necessary for civil and construction permission, and if the schedule of permission is delayed at the expense of documents and the absence of documents, the seller shall adjust all responsibilities and the balance of all obligations.

(2) The Plaintiff shall pay to the Defendant any balance within thirty (30) days after obtaining permission for the development of the factory and warehouse facilities to be constructed by the Plaintiff in the subject matter of sale, and shall provide all necessary documents for registration.

(3) If the conditions under Paragraph (1) are not fulfilled, the contract shall be null and void, and the defendant shall notify the plaintiff of non-permission of the contract deposit received within ten days.

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