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(영문) 울산지방법원 2017.10.19 2016가합2105
계약금반환 등
Text

1. The Defendant’s KRW 168,00,000 as well as 5% per annum from October 19, 2016 to October 19, 2017 to the Plaintiff.

Reasons

The relevant parties are the representative director of C Co., Ltd. (hereinafter referred to as “C”) who operates solar power generation projects, etc., and the Defendant is the owner of 49,293 square meters (hereinafter referred to as “instant land”).

In the sale of land under Article 2 of the terms and conditions of the contract for purchase and sale of land, the buyer shall pay the purchase price as follows:

- Sales proceeds of KRW 420,00,000, down payment of KRW 126,000,000, and payment date: Within seven days after the contract is concluded, intermediate payment of KRW 210,00,000, and payment date: Within seven days after the completion of development activities: Article 6 [Cancellation of a contract] (1) The relevant contract shall be automatically terminated at the time of the special agreement, and the seller shall compensate for the total amount received.

(2) A buyer may rescind a contract by waiving all his/her rights over the down payment at the time he/she renounces the contract.

Article 8 [Non-performance of Obligations and Compensation for Damages] (1) In cases where a seller or a buyer has any default under this contract, the other party may demand in writing the person who has defaulted and rescind the contract.

(2) Where a contract is rescinded, the seller and the buyer may claim damages from the other party, respectively.

On September 4, 2015, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 420,000,000 (hereinafter “instant sales contract”) for solar power generation projects by the Plaintiff on September 4, 2015, when it is impossible for the buyer to change the capacity of solar power installation to obtain permission for development by the seller of Article 2 (excluding recovery expenses and expenses incurred in development activities, excluding expenses incurred by the seller of a mountainous district) to obtain permission for development from the seller of Article 3, and the Plaintiff entered into a sales contract with the Defendant to purchase KRW 126,00,000 on the same day for solar power generation projects (hereinafter “instant sales contract”). The main contents are as follows:

The plaintiff.

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