(영문) 의정부지방법원 2017.01.11 2016가단104753

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(영문) 의정부지방법원 2017.01.11 2016가단104753

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1. In the event that the Defendant sells to the Plaintiff on April 30, 2014, 1/2 shares out of 1,322 square meters of land for a stock farm in Namyang-si.

Reasons

1. Basic facts

A. On April 30, 2014, the Plaintiff purchased KRW 1322 square meters out of KRW 20,471 square meters in E farm site from the Defendant and D, and paid the down payment of KRW 80 million to them on that day (hereinafter “the instant sale”), and the other major contents of the contract are as follows.

Article 2. [Sale Price]

1. An intermediate payment of KRW 120 million is paid on June 30, 2014 and the remainder of KRW 600 million is a condition under which one bank takes over the collateral security obligations.

2. Provided, That the total amount of secured debt taken over by the buyer out of the purchase price shall be deducted from the balance;

Article 4 (Transfer and Delivery of Ownership) The balance is a condition under which the buyer assumes the obligation of 600 million won out of the amount of the debt at the interest rate of one bank. As such, the seller takes over the obligation (contract) with respect to 600 million won out of the amount of the establishment of the right to collateral security in the register of the register of the register, or receives all the balance, and gives the buyer all documents necessary for the registration of transfer of ownership, and the said real estate is used in order

[Cancellation of Contracts]

1. Until the buyer pays any balance to the seller by December 31, 2015, the seller may cancel the contract by giving two times the down payment to the buyer, and the buyer may waive the contract deposit and cancel it;

2. Where the seller or the purchaser has failed to perform the obligation under this contract, the other party may rescind this contract after urging the party who has failed to perform the obligation to perform the obligation;

Article 8 [Matters of Special Agreement] In addition to the general matters of the above contract, the following matters shall be determined by the special agreement, and if there is any conflict between the general matters and the special agreement, the special agreement shall prevail.

1. If a buyer pays an intermediate payment, the seller shall divide the intermediate payment into actual parts of the same content as that of the separate sheet (510 square meters away from the boundary of a household point).

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