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(영문) 수원지방법원 2015.07.23 2015가단8175
매매계약해지 및 구조물철거 등
Text

1. The defendant shall be the plaintiff.

(a) Of the lands listed in paragraph 3 of the attached list, each point of the Attached Form Nos. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On May 3, 1973 with respect to the land listed in paragraph (1) of the attached list list, the Plaintiff acquired ownership for each of the above land on March 20, 1970 with respect to the land listed in Paragraph (2) of the attached list, and on the land listed in Paragraph (3) of the same list, the Plaintiff completed each registration of ownership transfer on March 13, 1973, and acquired ownership for each of the above land.

B. On January 16, 2012, the Plaintiff entered into a sales contract with the Defendant and each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) with the effect that the purchase price shall be KRW 365,30,000,000,000,000 on the date of the contract, and the remainder KRW 329,30,000,000,000 on the date of the contract, and the remainder KRW 32,93,00,000,000 on April 15, 2012 or within 30,000

C. The Defendant acquired each of the instant land for the purpose of newly constructing a stable on the ground of each of the instant land. For this purpose, the Plaintiff issued the documents related to construction, authorization, and permission to the Defendant even before the remainder payment was made, and delivered each of the instant land to the Defendant.

In accordance with the above special agreement, the Plaintiff received only the down payment, and the Defendant delivered each of the instant land to the Defendant, and the Defendant constructed six concrete structures (a stable; hereinafter “each of the instant structures”) as indicated in paragraph (1) above on each of the instant land.

E. On February 8, 2012, the Defendant received a decision on the construction permit and the permission for development of a site for farming in each of the instant land.

F. However, the Defendant did not pay the balance of the purchase price until April 15, 2012 after the lapse of 30 days from the construction permit date, and the Plaintiff sent to the Defendant a notice of termination of the contract to the effect that the remainder would not be paid by May 29, 2012 by mail proving the content of the contract on May 25, 2012, and thereafter arrived at the Defendant at that time.

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