(영문) 서울남부지방법원 2016.07.28 2016가합103126

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(영문) 서울남부지방법원 2016.07.28 2016가합103126

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1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

Basic Facts

On July 30, 2015, the Plaintiff (Appointed Party; hereinafter only the Plaintiff) and the designated parties concluded a sales contract with the Defendant to purchase KRW 635 million prior to the Incheon Gyeyang-gu Seoul (hereinafter “instant land”) and to pay KRW 50 million on the date of the contract, an intermediate payment of KRW 50 million on July 31, 2015, and the remainder of KRW 535 million on September 11, 2015 (hereinafter “instant contract”). The instant contract includes the following special terms and conditions.

[Matters of Special Agreement]

3. The lease relationship, such as agricultural crops and vinyls currently being cultivated, shall be directed towards the defendant by the end of any balance, and the terms of a separate agreement shall take precedence over the provisions of the separate agreement, if the intention of surrender is not attained;

4. The land of this case shall be transferred in installments under the circumstances of the plaintiff, and the defendant shall actively cooperate with other necessary documents, etc.

(Repreparation of a contract after subdivision). Costs of subdivision shall be borne by the plaintiff.

On the other hand, the Plaintiff and the Defendant concluded an agreement with the following contents (hereinafter “instant agreement”) at the same time as the instant agreement was concluded:

In the sale and purchase of the instant land, the Plaintiff did not pay any balance of KRW 35 million until the remainder of the greenhouse and facilities until the remainder. However, if the Plaintiff fails to pay the remainder due to unavoidable circumstances, the Plaintiff did not open a joint account under the name of the Plaintiff and the Defendant and immediately withdraw the account and pay it to the Defendant.

Provided, That the possessor's declaration of intention shall be received, and it shall be deemed that the defendant does not have any error in the certificate of intention.

The life expectancy period shall be until November 30, 2015, and if it is not implemented by this deadline, the plaintiff may directly use it as the money for life expectancy.

Provided, That the remainder other than the expenses incurred in relation to life relief shall be returned to the defendant.

The judgment of the court is the final judgment of the court.

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