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(영문) 의정부지방법원고양지원 2013.12.11 2013가합805

계약금 등 반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged by taking into account the following facts: Gap evidence 1, Gap evidence 2, Gap evidence 3, Gap evidence 4, Gap evidence 5, Gap evidence 6, Gap evidence 7, and the whole purport of the arguments.

Article 1 of the Real Estate Sales Contract and the timing for payment of the purchase price and the sale of the real estate at the time of payment are as follows:

[Attachment 2,840,000,000) - [Attachment 300,000,000] - The maximum amount of gold KRW 300,000,000 per annum - The remaining gold KRW 2,540,000,000,000 per the contract date - Article 2 (3) shall apply to the transfer of ownership pursuant to Article 2 (2).

1. The part in which the consent to use the land of "Spari-si D" is written as sale acceptance shall be deleted from the original defendant's consent at the request of the defendant at the time of the conclusion of the contract of this case, and the certified judicial scrivener F, present at the site of the defendant's request, shall be deleted, and the corresponding part in the same letter shall be changed to the pen's body

The person shall proceed, and the expenses to be incurred shall be borne by the buyer.

Even if a sales contract has been rescinded in the future, the buyer shall not claim the expenses to the seller.

2. A seller shall actively cooperate with the buyer in providing documents necessary for an application for permission for development activities and an application for permission for military consent;

3. The buyer shall pay in full the balance under Article 1 to the seller within one month from the time he obtains permission for development activities of the real estate for the purpose of sale after obtaining such permission, and the seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer under the conditions of simultaneous performance; and

4. A seller shall agree to change the name of the purchaser of the sales contract to a person designated by the purchaser at the same time as the remaining payment of the purchaser is made.

Provided, That if a civil or criminal problem occurs to the seller due to the change of name, the buyer and the parties to the change of name.