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(영문) 수원지방법원 2017.01.26 2016가단512565
채무부존재확인
Text

1. The contract deposit under the real estate sales contract concluded on July 17, 2007 against the defendant of the plaintiffs, the I Tsung 352 square meters against the defendant of the plaintiffs.

Reasons

1. Basic facts

A. On July 17, 2007, the deceased agreed that KRW 80,000,000 for down payment shall be paid within 10 days after the completion of the contract of the pre-project site, and the remainder of KRW 720,000,00 for the remainder of KRW 720,000 after the completion of the project approval, when selling the amount of KRW 352 square meters (hereinafter “instant land”) to the Defendant, who was promoting the apartment building construction project of the Republic of Korea, as KRW 80,000.

(hereinafter “instant sales contract”). Of the terms and conditions of the instant sales contract, the parts related to the instant case are as follows.

Accordingly, the defendant paid 80,000,000 won to the deceased A around that time.

The purpose of this Agreement is to purchase the above-mentioned real estate (referring to the land in this case) owned by “A (the name of the defendant)” and to promote a multi-family housing building project by “B (the name of the defendant).”

This contract shall take effect by paying the down payment to the bank account of Party A as provided in Section 4(4) above after signing and sealing Party A and B.

In relation to the payment of the down payment, Eul may take the relevant measures to preserve the right to claim the return of the amount already paid.

A shall be the maximum cooperation key for the authorization and permission process of B after the conclusion of this contract, and shall submit to B a written consent for the use of land necessary for authorization and permission (including the formulation of district unit planning), such as project approval (including the formulation of district unit planning).

A shall be liable for the occurrence of any cause for delay in the project due to delay in the objection.

(Article 10) A. A. In any of the following cases, a Party A may cancel or terminate this Agreement:

(Article XI(1)(a).

B shall delay the payment of the purchase price for at least 30 days without any justifiable reason.

(b)In the event that Party A considers it difficult to achieve the objectives of this Agreement because it has violated this Agreement, this Agreement shall be terminated or terminated due to reasons attributable to Party B under Section 11, paragraph 1 above.

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