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(영문) 창원지방법원진주지원 2019.01.09 2018가합11056
계약해제확인 청구의 소
Text

1. The sales contract concluded between the Plaintiff and the Defendant on October 14, 2015 was concluded between the Plaintiff and the Defendant.

Reasons

1. Facts of recognition;

A. On October 14, 2015, the Plaintiff entered into a sales contract with the Defendant (hereinafter “instant sales contract”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). The key contents are as follows.

Article 1 (Indication of Real Estate)

1.The real estate to be sold by the Plaintiff (hereinafter referred to as "subject matter") shall be as follows:

The balance from October 14, 2015 to December 14, 2015 (2 months) shall be paid in the same manner as the documents prior to payment transfer for the balance payment date of 4,424 1,338.26 m2.

Article 2 (Sale Price and Method of Payment)

2. “B” (Defendant) shall pay the purchase price to “A” as follows:

The evidence No. 1, 000,000 won per one hundred million won per one hundred million won stated as “one hundred million won per one,” but seems to be a clerical error in “one hundred million won per one.”

(Won 1,120,000,000) daily 10,000,000 won (Won 112,00,000,000) daily 10,000 won (Won 112,00,000) daily 90,000 won (Won 1,008,000,000) after approval of the project, Article 10 (Contract Matters, Termination, Rescission, etc. in the event of delayed payment) within one month after approval of the project.

1. The contract period shall not exceed 60 days and the contract deposit shall be reverted to “A” if 60 days expire;

(Cancellation) The contract will be terminated.

B. On December 22, 2017, the Defendant obtained approval for the instant real estate construction project plan included in the project site with respect to the instant real estate construction project from the private market (hereinafter “instant construction project”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. The Plaintiff and the Defendant agreed to pay the remainder by December 14, 2015 at the time of the instant sales contract, and the Defendant subsequently agreed to pay the remainder within one month after obtaining approval of the housing construction project plan for the instant real estate.

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