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(영문) 창원지방법원 2016.06.22 2015가합2782

소유권이전등기 등

Text

1. The Defendants are based on trading on June 10, 2015 with respect to the Plaintiff’s 4,129 square meters in Kimhae-si.

Reasons

1. Basic facts

A. On June 10, 2015, the Plaintiffs entered into a sales contract with the Defendants on the following (hereinafter “instant sales contract”). The Plaintiffs purchased 4,129m2 (hereinafter “instant land”).

1. Indication of real estate: Land of this case;

2. The balance of the purchase price under Article 1 (Purpose) of the Terms and Conditions of the Contract: 1.636 million won: 1.55 million won (payment at the time of a contract): the seller, at the same time as the receipt of the balance of the purchase price, shall deliver all kinds of documents necessary for the registration of transfer of ownership to the buyer and cooperate in the procedures for registration.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or a purchaser has defaulted on the terms and conditions of this Agreement, the other party may cancel the contract by peremptory notice in writing to the non-performanceee.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed by the Do.

[Matters of Special Agreement]

1. The sales contract is the current state of facilities, and the sales contract is concluded with the knowledge of urban development projects of the virtual names newspaper zone;

2. Omission;

3.The matters not described in this special agreement shall be governed by the provisions of the contract under the Civil Code and the general examples of the sale and purchase of real property.

B. On the date of the instant sales contract, the Plaintiffs paid the Defendants a down payment of KRW 150 million to the Defendants, but failed to prepare any balance due to the failure to obtain a loan from a financial institution, on July 23, 2015, the Plaintiffs drafted an agreement with the Defendants on the following terms: (a) the payment date of the outstanding purchase price shall be extended on October 25, 2015; and (b) the payment date of the outstanding purchase price shall be made on a yearly basis (hereinafter “instant agreement”).

Any balance of the land in this case under a contract concluded on June 10, 2015 shall be July 24, 2015.

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