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(영문) 광주지방법원 2019.11.22 2019가합50248

계약해제확인

Text

1. On April 2, 2018, between the Plaintiff and the Defendant, the sales contract for the land size of 433 square meters in the Dong-gu Seoul Special Metropolitan City on April 2, 2018 was rescinded.

Reasons

1. Indication of claim;

A. On April 2, 2018, the Plaintiff: (a) sold the purchase price of KRW 370,000,000,000 in the Dong-gu Seoul Forest Land for KRW 433 square meters to the Defendant; (b) concluded a sales contract with the effect that KRW 50,000,000 for the down payment shall be paid on April 2, 2018; and (c) any balance of KRW 320,000,000 for the payment on June 30, 2018 (hereinafter “instant contract”).

B. The Defendant paid the Plaintiff the down payment of KRW 50,000,000 on April 2, 2018 according to the instant contract, but did not pay the remainder amount of KRW 320,000,000 until then.

C. The Plaintiff sent to the Defendant, pursuant to Article 6 of the instant contract, each of the following documents: “If the seller or the purchaser has failed to fulfill the terms and conditions of this contract, the other party may demand written notice and rescind the contract.” However, the content certification as of July 2, 2018 was not closed, and the content certification as of September 20, 2018 was returned to the director’s unknown address, and on January 2, 2019, the content certification as above was sent to the Defendant’s representative director’s domicile, but was returned to the addressee.

The plaintiff shall notify the defendant of the cancellation of the contract of this case with the service of the duplicate of the complaint of this case, and seek confirmation of the cancellation of contract of this case.

2. Applicable legal provisions of Article 208 (3) 2 of the Civil Procedure Act.