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(영문) 서울중앙지방법원 2017.03.09 2015가단5394484
계약해제 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

(a)The parts relevant to this case are as follows:

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price, and cooperate with the registration procedure, and the delivery date of the said real estate shall be December 16, 2014.

Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

*Special Agreement

2. The seller shall actively cooperate with respect to the provision of written consent to land use and documents;

3. The balance shall be treated as banking loans; and

The seller shall actively cooperate with the seller with respect to the outstanding loan of the bank.

4. The outstanding ownership of a bank shall be transferred simultaneously with the settlement of any balance; and

5. The sellers for disposal shall actively cooperate in cases where a building or an obstacle exists;

C. On November 4, 2014, the Plaintiff drafted a written confirmation with the Defendants under the name of the Plaintiff, et al., and two others, as follows:

The permission for development of the instant real estate was submitted at the same time, and the relevant area must be confirmed as to the existence of buried cultural heritage in the relics distribution area, and on December 16, 2014, which is inevitable due to an agreement between the seller and the purchaser on January 31, 2015, the balance payment refers to the payment deadline regardless of whether the permission is granted or not.

(D) The payment shall be made in the amount of KRW 10 million due to the postponement of the payment date.

The Defendants are attorneys M, delegated on December 2, 2015.

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