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(영문) 부산지방법원 2017.07.14 2016가단342360
계약금 반환 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 26, 2014, the Committee for Promotion of the New Housing Association (hereinafter referred to as the “Promotion Committee”) that promoted the new construction of collective housing at KRW 380, Busan Seo-gu, Busan, entered into a service contract for supporting administrative affairs related to the purchase of the project site (hereinafter referred to as the “instant service contract”) with the Plaintiff that is engaged in the real estate consulting business, real estate sale and lease business, etc., and further, “the land purchase contract and other rights prepared by the Plaintiff under the instant service contract are within the new regional housing association regardless of whether the land purchase contract and other rights are paid, and are automatically transferred and succeeded to the (tentative) new regional housing association without any separate contract.” On July 28, 2014, the content of the instant service contract was added to the Asian Trust Co., Ltd. (hereinafter referred to as “A trust”) and the Plaintiff, and the Plaintiff entered into a contract on behalf of the Plaintiff for the purpose of carrying out and managing funds efficiently (hereinafter referred to as “the instant funding management contract”).

B. Accordingly, around June 18, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase five parcels of land, other than the land of the 346-dong, Yyeong-dong, Busan (hereinafter “instant land”), which belongs to the said business site, from the Defendant (hereinafter “instant sales contract”).

1) Subject matter 1: The method of paying the sale price of 934,710,000 won (payment at the time of conclusion of the sales contract) (10% of the total sale price of 93,471,000 won (payment at the time of conclusion of the sales contract): The remainder amount of 841,239,000 won (payment within 3 months after the payment of contract deposit) which is 90% of the total sale price: the total sale price of 25,636,000 won (within 1,435m20,000,000 for 3 months before the payment of contract deposit): The total sale price of 383m2 prior to 383m2, Seopa-dong, Busan: the method of paying the sale price of 25,636,000 won (10% of the total sale price)

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