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(영문) 서울중앙지방법원 2019.06.12 2018가합564279
계약해제 등 확인의 소
Text

1. The purchase and sale contract was concluded between the Plaintiff and the Defendant on August 27, 2008 regarding each real estate listed in the separate sheet.

Reasons

The following facts do not conflict between the parties, or can be acknowledged by comprehensively considering the overall purport of the pleadings in each entry of Gap evidence of No. 1-3 (including a branch number).

On August 27, 2008, the Defendant entered into a contract with the Plaintiff to purchase the instant real estate from the purchase price of KRW 580 million (hereinafter “instant contract”) in order to carry out the business of constructing apartment houses and sales facilities (hereinafter “instant business”) in the 67 parcels of land to which each real estate listed in the separate sheet (hereinafter “instant real estate”) belongs, and the main contents thereof are as follows.

Article 2 (Purpose of Contract) The sales contract of this case is for the defendant to purchase a number of lots of lots (67 parcels, approximately 2,440 square meters) to which the real estate of this case belongs, as a complex, and construct apartment and sales facilities (6,672 square meters from the underground 10 stories to the ground level, about 19th floor area, about 26,672 square meters, and about 136 households of apartment). The purpose of the contract is to fully recognize this and to achieve the purpose of the contract, and

Article 4 (Methods of Real Estate Sales and Payment) (1) The amount of real estate sales determined by an agreement between the plaintiff and the defendant shall be paid as follows in consideration of the characteristics of the project:

When Article 4(3) of the 10% of the remainder of the contract effect from the deposit date to the contract deposit date to the defendant or the person designated by the defendant is satisfied, the plaintiff shall submit all necessary documents to the defendant or the defendant for the registration of transfer of ownership to transfer ownership before the remainder of six months after the contract payment is made, and shall specify the real estate of this case by submitting all necessary documents to the defendant or the defendant before the remainder of the contract.

Article 10 (Matters of Special Agreement) (1) The sales contract of this case is a number of real estate including this case.

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