(영문) 부산지방법원 2014.03.26 2013가합3968

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(영문) 부산지방법원 2014.03.26 2013가합3968

매매계약해제확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

1. The indication of real estate attached to the indication of real estate for sale;

2. Sales price and methods of payment;

(a) Purchase price: 110 million won;

(b) Payment method 1) Payment method: 20 million won for each of the instant lands in which the intermediate payment of KRW 125 million is KRW 106,800,000 for each of the instant lands, the maximum debt amount of which is KRW 306,80,000 for the creditor, the Korean National Agricultural Cooperative, and the debtor C shall be determined as KRW 125,00,000 for the remaining debt amount of the right to collateral security, and the buyer’s acceptance of the debt (the method by which the buyer redeems interest on behalf

3) The remainder of KRW 950 million and the remainder payment date are the buyer’s apartment buildings constructed on the ground of each of the instant land (hereinafter “instant building”).

26 Payment shall be made within two months from the date on which ownership is secured by securing ownership of 23 households among 26 households.

3. Cancellation and termination of a contract;

A. 1) The rescission of this contract (hereinafter “instant contract”)

(2) If the owner or owner voluntarily removes the instant building after the date of conclusion, the instant sales contract is rescinded, and the seller shall return the down payment, etc. to the buyer.

B. As seen below, the above “cancellation” should be deemed to be “cancellation” as follows.

Where the buyer becomes unable to acquire the ownership of 23 households among the 26 households of the instant building, or where the 23 households of the said building are awarded a successful bid to a third party who is not the buyer, is unable to acquire the ownership, or fails to pay any balance within two months, the seller may terminate the instant sales contract. In such cases, the buyer may not claim the refund of the down payment, etc. to the seller.

4. Other matters under special agreement.

A. The seller, for any reason, is limited to the buyer’s right to use each of the instant lands, superficies, etc. due to the instant building.

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