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(영문) 수원지방법원 2015.12.18 2014가합64120
매매대금
Text

1. On November 22, 2013, the sales contract for each real estate listed in the separate sheet between the Plaintiff and the Defendant was rescinded.

Reasons

1. Basic facts

A. On November 22, 2013, the Plaintiff agreed to sell each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) to the Defendant at KRW 40 million.50 million on the day of the contract, the intermediate payment of KRW 100 million on the day of the contract, until December 31, 2013, and the remainder of KRW 290 million on the day of February 28, 2014, respectively.

(hereinafter “instant sales contract”). B.

According to the instant sales contract, the Defendant paid to the Plaintiff a sum of KRW 150 million, including the down payment of KRW 50 million on the day of the contract, the intermediate payment of KRW 100 million on December 31, 2013.

C. Thereafter, the Defendant refused to pay the remainder on the ground that part of the access roads leading to each of the instant lands (hereinafter “instant dispute land”) is a third party’s land, not the Plaintiff.

On March 21, 2014, the Plaintiff pointed out that the Defendant’s foregoing attitude is unreasonable, and sent a content-certified mail containing a notice to demand the payment of any balance under the instant sales contract to the Defendant, and the said content-certified mail reached March 24, 2014.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (if there is a satisfy number, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Defendant continues to delay the performance of the Plaintiff’s obligation to pay the remainder, despite the notice of performance of the obligation. Accordingly, the Plaintiff rescinded the instant sales contract by serving the copy of the claim and the application for modification of the cause of claim filed on January 27, 2015 on the grounds of delay in performance by the Defendant. Accordingly, the Plaintiff’s claim and the application for modification of the cause of claim on the grounds of delay in performance by the Defendant. Accordingly, the Plaintiff’s claim for confirmation is based on the Plaintiff’s KRW

B. When entering into the instant sales contract, the Plaintiff did not disclose the rights to the instant dispute land, such as the owner of the instant dispute land and the lot number of access roads. Accordingly, the Defendant did not disclose the right to the instant dispute land.

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