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(영문) 부산지방법원 동부지원 2021.01.27 2019가합107851

매매계약 해제확인의 소

Text

On September 14, 2017, the sales contract concluded between the plaintiff and the defendant on September 14, 2017 was terminated.

Reasons

1. Determination on the cause of the claim

A. Basic facts 1) The Plaintiff is the owner of the real estate, etc. indicated in the attached Form (4 lots and its ground structure, trees, and all of the instant real estate) (hereinafter “instant real estate”).

[This case's sales contract] The plaintiff (A) and the defendant et al. and one corporation (B) agreed to the development of housing construction project (hereinafter "project of this case") for the FF in Busan Metropolitan City for the real estate of this case, and entered into a sales contract as follows.

Article 1 (Indication of Real Estate) The purpose of this Agreement is to purchase the real estate of this case owned by A and to promote the construction project of multi-family housing (multi-family housing) by purchasing the real estate of this case owned by B.

Article 3 (Payment Method of Purchase Price) (1) A shall sell or purchase the above sale real estate to B, and the sale price shall be KRW 2,252,50,000.

(2) B shall pay the purchase price of the instant real estate as follows:

(3) The contract deposit and the balance shall be deposited into the following accounts at each due date, and if the EB member's association receives the down payment from the EB member's association to its account as follows, the deposit receipt shall substitute for the receipt for the remainder of September 20, 2017. < Amended by Presidential Decree No. 20274, Feb. 28, 2018>

Article 4 (Obligation A and B) (1) A shall submit to B all documents, etc. necessary for the authorization and permission of construction at the time of receiving the down payment.

(2) No Eul shall use documents submitted by Gap except for construction authorization, permission, etc.

(3) Vindication shall be the responsibility of A.

(4) This Agreement shall take effect as a sales contract when the down payment is paid.

Section 5 (Cancellation of Contract and Compensation for Damages) This sale of real estate is a site for the project of this case, and the seller and the buyer unilaterally cancel this contract in any case except for the violation of this contract.