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(영문) 대전지방법원천안지원 2015.01.20 2014가단11815

토지매매계약 등 무효확인

Text

1. Land trade concluded on February 23, 2012 between the Plaintiff and the Defendant with respect to the land indicated in the attached Table 1 list, and is traded.

Reasons

Basic Facts

A. The Plaintiff is the owner of the land listed in the annexed Table 1, and the Defendant is a corporation that implements the development project of the Gangnam-gu Seoul Special Metropolitan City and 14 lots adjacent to the above land.

B. When the above development project site has to secure roads in order to obtain a building permit due to fluoring, the Defendant entered into a contract with the Plaintiff for land sale and purchase and land use approval (hereinafter “the first sale and purchase contract”) with respect to the 500 square meters (hereinafter “instant land”) out of the land listed in the attached Table No. 1 attached hereto on February 23, 2012, and paid the Plaintiff the down payment of KRW 25,000,000 to the Plaintiff.

- Sales amount: 250,000,000 - Contract deposit: 25,000,000 won - Balance: D site and E-day land where the unpaid land is located, the Defendant, who is the opening user, will completely recover.

Any balance shall be disposed of within three months after the contract is concluded.

-Special Agreements

1. The user (Buyer) will undertake complete restoration and commencement of the above unclaimed area.

5. (Specialized Omission) In addition, if the construction of a road is not commenced even after three months have elapsed from the date of the contract, this contract shall be null and void and the down payment shall not be returned;

C. Upon the Defendant’s failure to pay any balance within three months from the date of the first sales contract and the Plaintiff received demand from the Plaintiff, the Defendant drafted a written extension of performance that stated, on May 31, 2012, that “I will pay 1,500,000 interest on any balance to be paid to the seller by the principal due to his/her own circumstances, the principal’s responsibility is to pay 1,50,000 won to the seller, and the performance amount of this contract is to be handled by June 30, 2012.”

The Plaintiff notified the Defendant on July 3, 2012, of the cancellation of the first sales contract and the forfeiture of the down payment, as it did not receive the remainder of the first sales contract even until the agreed date in the said extension.

E. Thereafter, the Plaintiff’s land of this case on November 25, 2013.