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(영문) 대전지방법원천안지원 2015.04.03 2014가합101821
계약금반환 청구의 소
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) about 119,840.

Reasons

The main lawsuit and counterclaim shall be examined together.

1. Basic facts

(a) Indication of real estate on the conclusion of a separate sales contract: 3) The number of household units to be purchased: 16: 133 households; 21: 36 households; 27: 4 households; 31: 27: 4 households; 177 households;

1. The above apartment apartment is a leased apartment, and in the above separate sales contract, A, the seller, and B, the seller, and B, the buyer, respectively, are the same in the sales contract of the commercial building of this case.

The purpose of this legal procedure is to sell to B the remaining 177 households after completion of the conversion for sale in lots in accordance with the Rental Housing Act as a package of business sale methods specified in the Rental Housing Act, and A and B are to agree on the terms of this contract and faithfully implement this contract.

Article 4 (Terms of Contracts)

6.This Agreement shall be executed between B and B by means of sale after A completed the preferential sale, and B shall be in the name and responsibility of B and B, specified in the Rental Housing Act.

However, in the process of approval for the sale in general, if B is unable to obtain the approval for the sale in general due to the application of law, not attributable to B, such as the approval refusal and refusal of approval for the sale in general, A shall obtain the approval for the sale in the name and responsibility of A and transfer B the ownership of the above apartment to B.

Article 10 (Other)

1.The increase or decrease in the number of households specified in this Agreement shall be settled in consultation between A and B.

The Plaintiff and the Defendant running real estate rental business on June 24, 2013. The Plaintiff and the Defendant, a rental apartment owned by the Defendant, are the households that have not been converted for sale first from the date of February 28, 2013 to the end of May 2013, 2013, 90 days from the date of the approval for the second conversion for sale in lots around the 177-1 located in Seosan-si, Busan Metropolitan City, 527-1, the rental apartment owned by the Defendant. Eul shall be purchased in a lump sum at KRW 9,425,275,000 in total, and the first down payment KRW 10 million on the date of entering into the contract, and the second down payment KRW 400 million on June 28, 2013.

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