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(영문) 부산고등법원 2019.12.12 2019나50079

매매계약 해지 확인의 소

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1. Of the judgment of the court of first instance, the part of the primary claim is modified as follows.

On July 5, 2017, between the Plaintiff and the Defendants.

Reasons

1. As to the real estate indicated on the basis of the facts, the Plaintiff and the Defendants, the seller, and the buyer, agree to the development of the method of a regional housing association relating to the housing construction project (hereinafter “instant housing construction project”) for the Busan Marine Transportation Daegu E (hereinafter “instant project site”) and enter into a sales contract as follows.

The purpose of this contract is to purchase all buildings and trees on the ground located above the Plaintiff (the purpose of the contract) and to promote multi-family housing construction projects by purchasing all the real estate and project site owned by the Plaintiff (refer to the land report). The purpose of this contract is to promote multi-family housing construction projects by purchasing all the real estate and project site owned by the Defendants.

Article 3 (Payment Method of Sale Price) (1) The Plaintiff shall have the said sale real estate (the instant real estate) sold to the Defendants, and the sale price shall be KRW 350,000,000.

(2) The Defendants shall pay the purchase price as follows:

(3) Payment of the down payment and the remainder shall be made at the time of application for approval of the remainder of the original project, which shall be paid at the time of preparation of the contract at least 70% of the total amount of the contract deposit 35,000,000 won. Where the down payment and the remainder are transferred from the defendant corporation D or C District Housing Association to its account as follows, the deposit receipt shall be substituted by the receipt:

Article 4 (Duties of the Plaintiff and the Defendants) 1 of the Plaintiff’s Savings Bank Name Account Number and the Plaintiff’s community credit cooperatives H (Duties of the Plaintiff and the Defendants)

(2) The Defendants may not use the documents submitted by the Plaintiff except for the construction authorization and permission.

(3) Vindication shall be the responsibility of the plaintiff.

(4) Where a down payment is paid, this agreement shall take effect as a sales contract.

§ 5. (Damages and Damages)