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(영문) 수원지방법원 평택지원 2018.12.05 2018가합9304

매매계약해제확인

Text

1. The sales contract was concluded on April 6, 2017 between the Plaintiff and the Defendant regarding the land indicated in the separate sheet.

Reasons

1. Basic facts

A. On April 6, 2017, the Plaintiff concluded a sales contract with the Defendant, setting the sales price of KRW 1.822,32 million (the contract amount of KRW 900 million and the balance of KRW 92,320,000,000,000) as the purchase price for the land indicated in the attached list with the Defendant and the attached list, and concluded the sales contract.

(hereinafter “instant sales contract”). The terms and conditions of the instant sales contract are as follows.

1. (Omission)

2. The transfer of ownership shall be made after completion of the structural works;

Provided, That the buyer shall provide the seller with C, D, E, and F4 parcels of the parcel in lieu of the balance of the purchase and sale, as collateral.

3. The payment date of remainder shall be determined within 30 days after completion.

4. If the contractual terms stipulate that the contract is not performed within 30 days from the date of the contract, the original contract shall be null and void, and the prior construction cost shall be owned by the seller;

(Buyer) The buyer shall be bound to waive the pre-paid construction cost)

5. The terms and conditions of the payment date of the balance (the payment within 30 days after completion) shall be null and void at the time of failure, and the costs of prepaid shall be owned by the seller;

(3) If the buyer does not raise any objection, the buyer shall

6. (Omission)

B. On April 13, 2018, the Plaintiff sent a content-certified mail stating that “if the contract deposit is not paid by April 27, 2018, the said contract is rescinded” to the Defendant by April 27, 2018, and the content-certified document was served to the Defendant on April 16, 2018.

C. The Defendant did not pay the down payment and the remainder until the date of the closing of the instant argument, and suspended civil engineering works implemented on the land indicated in the attached Table.

【Ground of recognition】 The facts without dispute, entries in Gap evidence 1 through 5 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination

(a) When a contract is rescinded for reasons of delay of the determination on the cause of the claim, the lapse of such period if the contract is notified to perform the obligation for a specified period and if the contract is not performed within such period, the contract will be rescinded.