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(영문) 창원지방법원진주지원 2019.01.09 2018가합11032
계약해제확인 청구의 소
Text

1. The sales contract concluded between the Plaintiff and the Defendant on September 30, 2015 was concluded.

Reasons

1. Facts of recognition;

A. On September 30, 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:

Article 2, 584, 781.66, Article 2 (Sales Price and Method of Payment)

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

The sum of the proceeds shall be KRW KRW 391,000,000,000 (Won 391,000,000), the sum of the proceeds shall be KRW 10,000,000 (Won 39,083,000) daily gold 39,000,000 won (Won 39,083,000) daily gold 30,000,000 won (Won 351,917,000) daily gold (Won 351,917,000) after approval for the project,

1. The delayed period shall not exceed 60 days and the down payment shall be reverted to “A” if 60 days have elapsed;

And the contract shall be terminated or rescinded.

2.A “A” may not terminate or rescind a sales contract until the period for damages for delay expires.

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 remainder payment period of the Plaintiff’s claim under the instant sales contract was changed to June 30, 2017, and the remainder payment period has expired. Moreover, even though the Defendant’s approval of the housing construction project plan for the instant construction project and the remainder payment period has expired after the lapse of 1 month and 60 days from the date of the approval, the remainder payment period has not been paid to the Plaintiff up to now.

(e).

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