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(영문) 수원지방법원 2020.11.12 2020가단509559
부당이득금 반환 청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On January 16, 2017, the Plaintiff and the Defendant concluded a sales contract with the Defendant to purchase ten stories of urban-type housing 10,000,000 won (each of the 10,000,000 won, the first and second intermediate payment, the third intermediate payment of KRW 50,000,000, and the remainder of KRW 43,000,000,000) on the day the Plaintiff paid the down payment to the Defendant.

The main contents of the instant sales contract are as follows.

(Preparation of each contract with the same content as each subparagraph) (the seller’s defendant A and the purchaser B). Article 2 (Cancellation of Contract) A may cancel this contract after a peremptory notice, if the seller commits an act falling under any of the following subparagraphs:

Where any act is likely to cause severe damage by causing interference with the implementation of this project, if the intermediate payment and the balance are not paid more than twice consecutively within the period fixed by A, or the balance is not paid within three months from the agreed date, the rights and duties under this contract shall be transferred to others without the written approval of A, or limited real rights are transferred to others, or where the contract is cancelled for any reason falling under any of the subparagraphs of Article 2, Article 3 (Penalties) (1) where the contract is cancelled for any reason falling under any of the subparagraphs of Article 2 (Penalties), B shall pay A 10% of the total purchase

(2) In cases falling under paragraph (1), A shall refund to B the amount calculated by subtracting a penalty from the price already paid.

Provided, That interest and late payment fees on the price already paid by B shall not be refunded.

The third intermediate payment of KRW 50 million among the sale price under a special agreement shall be paid at the time of the installation of concrete on the sixth floor above ground.

The balance of 43 million won out of the sale price shall be discounted from the total sale price.

Downd money of KRW 70 million shall be collected regularly.

B. On January 16, 2017, the date the instant sales contract was concluded, Defendant (owner) and Company.

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