매매계약해제 확인의 소
1. As to the real estate stated in the separate list between the Plaintiff and the Defendant, the real estate sales contract dated May 26, 2015 is concluded.
1. On May 26, 2015, the Plaintiff: (a) sold real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”) to the Defendant as the purchase price of KRW 24 billion; (b) the down payment of KRW 2 billion is paid on the contract date by the Defendant; and (c) the remainder of KRW 22 billion is to be paid within 250 days from the contract date (hereinafter “instant sales contract”); and (d) the main contents are as follows.
Article 2 (Sale Price and Method of Payment) (1) The sale price of the real estate in this case shall be KRW 00 billion.
② The Defendant shall pay the Plaintiff the down payment KRW 00 million at the same time as the instant sales contract was concluded.
③ The Defendant shall pay the remainder of KRW 250,000,000 within 250 days from the date of concluding the instant sales contract.
⑤ In the event that the Defendant delays the payment of the purchase price prescribed in this Article, the Defendant shall pay to the Plaintiff damages for delay equivalent to 20% per annum.
Article 5 (Registration of Transfer of Ownership) The Plaintiff shall receive any balance prescribed in Article 2 from the Defendant and deliver all the documents required for the registration of transfer of ownership to the Defendant.
Article 7 (Cancellation of Contract) (2) In the event that the Defendant fails to pay all or part of the purchase price by the balance payment deadline stipulated in Article 2, the Plaintiff may immediately rescind the sales contract of this case.
The Defendant obtained approval of the housing construction project plan on February 23, 2016 on the instant real estate, and the Plaintiff extended the remainder payment date on April 30, 2016 upon the Defendant’s request.
As the Plaintiff did not pay any balance on the payment date of the remainder, the Plaintiff sent a peremptory notice on September 19, 2016 and a content certification (Evidence A2-1) containing the contents of the contract termination as follows, and reached the Defendant on September 21, 2016.
Notice of Termination
3. The plaintiff actively cooperates in the progress of the business conducted by the defendant.