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(영문) 수원지방법원안양지원 2016.12.07 2016가단102083
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On October 2, 2015, the Plaintiff entered into a sales contract to purchase land of the Gu C and D during Ansan-si from the Defendant.

On September 16, 2015, F and G, the representative director of the defendant, entered into a sales contract with the plaintiff on September 16, 2015, but on October 2, 2015, the purchaser changed the purchaser to the plaintiff and entered into the same sales contract.

The relevant contents of a sales contract are as follows:

On the day, the Plaintiff paid KRW 100 million to the Defendant as the down payment. The purchase price of KRW 1.08 billion on the day as the down payment, and KRW 100 million on the day as the down payment, and the remainder of KRW 980 million on November 25, 2015 shall be paid in advance.

(b) If the seller or the buyer's default, the other party may cancel the contract after written notification to the person who has defaulted.

The parties to a contract may claim damages from the other party due to the rescission of the contract, and the full amount of the payment shall be damages, unless otherwise agreed.

As to the above land, the defendant obtained a construction permit (permission number E) and the plaintiff will succeed to the construction permit.

b. The balance is the PF loan and the seller provides all necessary documents.

(b) even if a PF loan is known, the buyer shall pay in cash on the balance date;

b. The maximum debt amount of No. 390,000,000 won was established on the current registry, and the condition is to cancel the remainder at the time of the remainder. The building for which the Defendant obtained the building permit was a multi-household house with the fourth floor above the ground level above the ground level, and the total floor area under the building permit was 726.

However, on the design drawings presented by the Defendant to the Plaintiff at the time of the sales contract, there was a difference between the total floor area of 742.36 square meters and the total area of 16.03 square meters.

On November 24, 2015, the day immediately before the remainder date, the Plaintiff had contacted the Defendant and the broker and had an objection to the above difference, but the Defendant did not comply therewith.

On November 26, 2015, the defendant did not pay the balance until the agreed date.

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