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(영문) 대구지방법원서부지원 2017.09.06 2017가단52822
계약금반환 등
Text

1. The Defendant shall pay to the Plaintiff KRW 53,00,000 with interest rate of KRW 15% per annum from April 15, 2017 to the date of full payment.

Reasons

1. Basic facts

A. From around 2014, the Defendant, a company engaged in real estate development and sales business, performed the sales business of “Dpenta” (hereinafter “instant penta”) to be newly constructed on the ground of 6918 square meters on the land of 1918 square meters prior to Chungcheongnam-gun, Chungcheongnam-gun, Seoul, and recruited buyers.

B. On December 18, 2014, the Plaintiff concluded a sales contract with the Defendant to sell the instant pentine [423.66 square meters in the land area (341 square meters in the site, 82.66 square meters in the road), and its location is specified as 184.92 square meters in the total floor area of the building (1st floor, 101.16 square meters in the site, 83.76 square meters in the second floor; hereinafter “instant site”) from the Defendant, and paid KRW 53 million in the down payment to the Defendant on the date of the contract.

(hereinafter “instant sales contract”). C.

The main contents of the sales contract prepared at the time of the conclusion of the contract are as follows.

Article 1 [Methods of Payment and Receipt of Sale Price] The plaintiff shall pay the amount corresponding to the above to the defendant within the due date for payment as follows.

The down payment amount of KRW 53 million on the date of the payment of the sale price shall be paid at the time of a contract, the intermediate payment of KRW 159 million on February 18, 2015, and the balance of KRW 300 million on KRW 318 million on the completion date of the completion plan. Article 3 [Transfer of ownership and change of the name of the owner] (1) The defendant transfers the ownership of the land to the plaintiff when the plaintiff completely pays part payments, and changes the name of the owner of

(2) Registration of completion and preservation of a building shall be made in the name of the plaintiff, and when the plaintiff completely pays any balance, ownership of the building shall be acquired.

Article 4 [Change of Sale Area and Structure of Buildings] (1) There may be changes in the increase or decrease within the scope of allowable error (16.5 square meters) in the sale area of buildings and land, and an increase or decrease within such scope shall not be claimed in the amount equivalent thereto.

Article 7 [Cancellation of Contracts] (1) The defendant did not pay the sale price prescribed in Article 1, and the defendant did not pay it more than twice by setting a period of not less than 14 days.

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