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(영문) 서울중앙지방법원 2015.04.24 2014가합506992 (1)
기타(금전)
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. (1) On August 31, 2013, the Plaintiff entered into the instant sales contract with the Defendants for the development of electric source housing. (1) A sales contract with the Defendants for the purchase price of KRW 29,262 square meters (hereinafter “one parcel number was assigned to E”) out of KRW 226,117 square meters of land D with the wife population at the time of the Defendant’s ownership, with the purchase price of KRW 500 million; (2) the Plaintiff entered into a sales contract for the purchase price of KRW 2,086 square meters of land owned by the Defendant C, G forest land of KRW 2,086, G forest land of KRW 783 square meters, H forest and forest land of KRW 793 square meters, and 3,838 square meters of land, part of which is KRW 92 square meters of land of KRW 992 square meters (hereinafter collectively, 200,000,000,000 won of land) and paid the down payment to the Defendants around 2.

(2) The remaining payment date of the instant sales contract is December 31, 2013. The Plaintiff and the Defendants agreed to prepare a separate confirmation document on August 31, 2013, which is the date of conclusion of the contract, and the land sales contract is a single contract, and if the Plaintiff fails to pay any balance of the land 1 and 2 at the due date, all the contract is rescinded, and the contract deposit already paid by the Plaintiff is entirely reverted to Defendant C.

B. The Defendants requested the Plaintiff to pay the remainder of the land subject to sale after taking the procedures for the subdivision of the land subject to sale and requesting the Plaintiff to pay the remainder. However, the Plaintiff delayed the payment of the remainder until December 31, 2012 due to the shortage of funds.

(2) On January 2014, according to the Plaintiff’s request for the extension of the remaining payment date, the Defendants’ payment date was extended until January 29, 2014, and the Plaintiff and the Defendants drafted a performance memorandum (hereinafter “instant performance memorandum”) with the following contents (hereinafter “the Defendant separately prepared, but will be written as follows), and the Plaintiff even thereafter.

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