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(영문) 수원지방법원안양지원 2017.11.24 2016가합100084

이주택지분양권 매매계약무효 등

Text

1. On December 19, 2014, between the network E and the Defendant (Counterclaim Plaintiff), the sales contract for the sale of the housing site is null and void.

Reasons

1. Basic facts

A. The network E (hereinafter “the network”) is a person who has owned a J land and a ground building in Southyang-si.

B. On December 19, 2014, the deceased shall pay 190,000,000 won at the time of the contract, and the balance 170,000,000 won, at the time of the contract, at the time of the transfer of real estate rights between the defendant on the following matters (hereinafter Article 1) and the transfer of real estate rights between the transferor and the transferor on December 19, 2014 (hereinafter the same shall be reported as the ordinary amount at the time of the transfer of title, and the transferor shall actively cooperate with the transferor. The transferor shall actively cooperate with the transferor in the transfer of real estate without any condition without involvement in the premium increase and for the transfer of money and valuables (the transfer of money and valuables) without any change in the name of the transferee in the name of the transferee.

(A) The transferor shall issue a promissory note (the transferor’s seal imprint) and the transferee shall exercise a promissory note (the transferee’s seal imprint) at the time of failure to carry out any change in the name of the transferor.

(i) When the supply of a housing site is not possible due to any cause attributable to the transferor or for any other reason (including migrants sites and sites for countermeasures against livelihood), this contract shall become null and void at source and may claim penalty and damages equivalent to the amount of the contract amount (at the time of nullification of the original cost, statutory interest shall be paid).

(2) At the time of the transfer of the right, the transferor’s family or other heir shall waive the inheritance. Article 10 of the Civil Code provides that the seller’s family or other heir shall be subject to the relevant law and the general precedents, and the seller and the buyer shall be subject to civil and criminal liability when they violate the above provisions.