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(영문) 대전고등법원 2012.01.11 2011나2218

소유권이전등기말소등기

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1. Revocation of a judgment of the first instance;

2. The defendant is against the plaintiffs each real estate listed in the separate sheet 1 to 3.

Reasons

1. Basic facts

A. On November 19, 2007, the network A, Plaintiff B, and C (hereinafter “the network”) concluded a sales contract to sell each of the real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) with the Vietnam Development Co., Ltd. (hereinafter “bes Development”) (hereinafter “the instant sales contract”) that intends to operate a housing construction project in the Ncheon-si, Y-si, Nancheon-si (hereinafter “bes Development”).

(1) The sales price of the subject matter of sale, including the seller, the subject matter of sale, and the sales price, at the time of the contract, KRW 690 million,00,000,000,000,000,000 for the sales price of the subject matter of sale, which is KRW 7.17,70,000,000,000 shall be paid at the time of the first arrival between the “payment to PF after the approval of the business” or the “within five months after the contract.” The remainder of KRW 50,00,000,000,000,000,000 at the time of the contract shall be paid at the time of the first arrival between the “payment to PF after the approval of the business” and the “payment to KRW 45,00,00,000,000,000,000,00 from the date of the contract.

(3) If the buyer delays the payment of any balance, he/she shall pay the balance plus 10% (10% (10%) interest per annum, and the sales contract of this case shall be valid.

(4) Where a seller (the plaintiff) intends to terminate a sales contract even if he/she intends to do so, he/she shall compensate for all damages incurred by the buyer due to his/her impossibility of achieving his/her business objectives.

(5) Where a purchaser becomes unable to implement a project, he/she may terminate the sales contract of this case.

At this time, the seller shall be 30 days from the date of receiving the notice of termination from the buyer.