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(영문) 대구고등법원 2015.04.30 2014나2922

계약무효확인

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On July 31, 2008, the Plaintiff entered into a sales contract between the Plaintiff and Defendant Gyeongbuk-do Tourism Corporation (hereinafter “Seoul-do Tourism Corporation”).

8.1. A company merged with Defendant Gyeong-do Tourism Corporation.

The above company and the above defendant are referred to as "Defendant Corporation".

between the Defendant Corporation and each of the properties listed in the separate sheet from Defendant Corporation (hereinafter “instant property”).

(C) A contract for the purchase of KRW 4.912 billion, and the contract deposit of KRW 4990,12 million, out of the purchase price, KRW 1.47777 billion on the date of the contract, the intermediate payment of KRW 1.6 million on November 30, 199, and the balance of KRW 2.947,200,000,000,000,000 shall be paid on December 31, 1999 (hereinafter “pre-sale contract”).

(2) On November 17, 2008, the Defendant Corporation concluded a contract deposit of KRW 490,1200,000 to the Defendant Corporation on the date of the contract. (3) On November 17, 2008, the payment date of the intermediate payment under the preceding sales contract was extended to the Plaintiff until December 19, 2009, and the remainder payment date was extended to the end of January 30, 2009. On December 19, 2008, the Plaintiff received an intermediate payment of KRW 1.477,60,000 from the Plaintiff. Around that time, the Plaintiff prepared a written consent for land use as to the land specified in attached Tables 1, 2, and 3 (hereinafter “instant land”).

3) On June 23, 2009, based on the written consent for the use of the above land, the Plaintiff granted a building permit to construct a total floor area of 32,053 square meters on the ground of the instant land from the racing market (hereinafter “instant building permit”).

B) A. B. (1) Defendant Corporation received notice of cancellation of the preceding sales contract (i.e., notification of cancellation of the preceding sales contract) from the Plaintiff on January 30, 2009, which was extended, and did not receive KRW 2.947,2 million from the Plaintiff on several occasions, and notified the Plaintiff that it would cancel the preceding sales contract if the Plaintiff did not pay any balance to the Defendant Corporation by July 31, 2012, and until July 31, 2012.