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(영문) 부산지방법원동부지원 2016.12.15 2016가합102237

건물인도

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On October 26, 2015, the Plaintiff concluded a sales contract with the following content (hereinafter “instant sales contract”). On October 26, 2015, the Plaintiff decided to sell the Plaintiff’s 36 store (B101, B105, 301-312, 401-410, 501-512) to KRW 11.5 billion (hereinafter “instant sales contract”).

The defendant paid 1,150,000 won to the plaintiff on the day of the contract.

Article 3 (Payment of Sales Price and Sales Price)

4. The time of payment of the purchase price is as follows:

The amount of 11,50,000,000,000 on the payment date of the balance of the divided purchase price and the down payment for commercial buildings; and 11,50,000,00 on October 26, 2015; and

5. The defendant may request in writing the plaintiff to extend the balance payment date under paragraph (4) of this Article to the plaintiff within the extent of 15 days per annum, and if the defendant requests the extension of the balance payment date, the defendant shall pay interest of 6% per annum on a daily basis to the designated account under paragraph (3) of this Article before the balance payment date under paragraph (4) of this Article.

In such cases, the plaintiff is deemed to consent to the extension of the remaining payment date.

(hereinafter referred to as the "Cancellation or Termination of Contract") Article 7 (Cancellation or Termination of Contract) Where the defendant falls under any of the following subparagraphs, the plaintiff may cancel or terminate this contract without delay. In this case, the down payment that the defendant paid by the defendant shall revert to the plaintiff in full without any condition, and the defendant shall not raise any objection against this.

1. In the event that the Defendant fails to pay the remaining balance by the payment date of the balance under Article 3(4) and (5) of this Agreement, this Agreement shall be deemed terminated without any separate notice.

B. As the Defendant failed to observe the remainder payment period stipulated in the instant sales contract, the Plaintiff and the Defendant are “the first modified contract under the following terms and conditions” on December 16, 2015:

AB concluded the agreement.

The defendant shall make the primary contract in accordance with the primary contract.