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(영문) 춘천지방법원 원주지원 2018.05.31 2017가합6203
계약해제무효확인의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

On May 24, 2016, the Defendant concluded a sales contract with C to sell KRW 2,874,157,000 of the purchase price (hereinafter “instant land”) for KRW 2,874,157,000 in Won-si (hereinafter “instant sales contract”), and received KRW 287,415,700 as the down payment from C on the same day.

Article 1 (Sales Price and Payment Method) 2,874,157,000 10% intermediate payment of 287,415,700 10% intermediate payment at the time of concluding a contract deposit for down payment of 287,415,700 10% intermediate payment of 862,247,100 30% intermediate payment of 24 March 24, 2017, and 862,247,100 30% remaining 862,247,100 on January 25, 2018, and 862,247,247,100 30% of the remainder payment of 30% payment accounts for E Bank Deposit Co., Ltd.: (1) The following table is as follows:

Article 7 (Loss of Due Date) A (referring to the defendant; hereinafter the same shall apply) where B (referring to the plaintiff; hereinafter the same shall apply) falls under any of the following subparagraphs, it may, notwithstanding the method of payment under Article 1, have him/her pay the full amount of the unpaid purchase price (including late interest) immediately:

1. Where the number of days in arrears due to the default of the purchase price, etc. exceeds 60 days and a Party A fails to pay the price even after setting a grace period of at least 30 days, even if a peremptory notice is given, Party A may cancel or terminate the contract in any of the following cases:

5. Where he/she fails to implement within 30 days, even though he/she was requested to immediately pay the full amount of the purchase price, as he/she has lost the benefit within a period due to the grounds referred to in the subparagraphs of Article 7

7. Where Gap deemed unable to perform this contract due to any cause attributable to Eul, the terms of the sales contract of this case related to this case shall be as follows:

On March 15, 2017, the Plaintiff transferred the rights and obligations of the purchaser under the instant sales contract from C and G.

As the Plaintiff failed to pay the first intermediate payment by March 24, 2017, which is the first intermediate payment payment deadline, the Defendant on May 25, 2017.

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