beta
(영문) 춘천지방법원원주지원 2016.09.08 2016가합5449

계약해제확인 등

Text

1. The Defendants shall perform civil engineering works such as construction of buildings and other structures and road packaging on the real estate stated in the attached list.

Reasons

.With respect to the sale of the above real estate in Article 1, the buyer will pay the purchase price as follows:

The down payment of KRW 400,000: 40,000 for the purchase price: 40,000,000 for the contract at the same time, and for the intermediate payment of KRW 100,000 for the receipt to the seller: 1,00,000 for the remainder after payment on June 30, 2015: 260,000,000 for the payment and receipt on September 30, 2015; * the special agreement:

1. After paying the down payment, the seller shall make a surveying and lumbering permitted; and

2. The Civil Works Corporation shall decide to pay any balance and to transfer the ownership after the payment is made; and

On March 31, 2015, the Plaintiff entered into a sales contract with Defendant B on the following terms (hereinafter “instant sales contract”) with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”) and received KRW 40,000,000 from Defendant B.

After the date of the intermediate payment, Defendant B did not pay the intermediate payment, the Plaintiff notified the Defendant B of the cancellation of the instant sales contract as of September 1, 2015 without any separate notice, where the intermediate payment is not paid by August 31, 2015 when the Plaintiff urged the Defendant B to pay the intermediate payment by mail certified as of August 7, 2015.

Nevertheless, Defendant B did not pay part payments and remainder, and the Plaintiff notified Defendant B of the cancellation of the instant sales contract by mail proving the content of the contract on January 20, 2016.

On June 1, 2015, Defendant B and Defendant C entered into a contract for the construction of the site for the creation of electric source site for the instant real estate, and thereafter continue the same construction on the ground of the instant real estate from that time.

[Ground of recognition] In light of the fact that there is no dispute, Gap evidence Nos. 2 through 5, and the purport of the entire pleadings, the sales contract of this case was lawfully rescinded according to the plaintiff's notice of cancellation as of August 7, 2015 or January 20, 2016, because defendant B did not pay the intermediate payment and the balance.

The plaintiff is the defendant according to the terms of the contract of this case.