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(영문) 서울중앙지방법원 2015.05.26 2014나41628
구상금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 39,606,285 on November 2012.

Reasons

1. Basic facts

A. (1) The Plaintiff, as the executor of the Housing Redevelopment Improvement Project in Dongjak-gu Seoul Metropolitan Government, built and sold D apartment houses.

(2) On March 17, 2010, the Plaintiff sold the above apartment Nos. 101 and 602 to E in the supply amount of KRW 998,80,000.

The main contents of the above sales contract (hereinafter “instant sales contract”) are as follows:

The remainder of the down payment (in the case of a contract, 0.4.19) 2 times (10.15) 3 times (1.2.15) 4 times (1.6.15) 11.15 times (1.6.17) 6 times (1.12.2.15) 9,880 (9,8809,8809,8809,8809,899,8809,8809,89,8809,809,89,89,640 9,80 9,80 9,809, 299,640 (unit of payment method: : 9,000) 2 (Cancellation of Contract)

When cancelling a contract, A shall refund to B the remaining amount after deducting the amount of subrogation and penalty from the sales price paid by B.

(5) When the contract under paragraph (1) 4 and 5 of this Article is cancelled for reasons attributable to B after the conclusion of the contract, A shall not pay the storage interest portion for the amount of supply already paid to B.

(6) When the contract for sale in lots is cancelled, Gap shall pay the price already paid by Eul (Provided, That if the contract is cancelled due to any cause attributable to Eul, a penalty shall be deducted) from the date of receipt to the date of refund.

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