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(영문) 의정부지방법원 2016.11.30 2016가단113566
건물명도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 25, 2016, the Plaintiff (1) and the Defendant (Buyer) concluded a sales contract with respect to the total purchase price of KRW 710,000,000,000, the intermediate payment of KRW 100,000,000, the intermediate payment of KRW 200,000,000, and the remainder of KRW 410,000,000 (hereinafter “instant contract”).

Specifically, KRW 10,000,000, out of the contract date and intermediate payment, was paid KRW 100,000,000 on March 3, 2016, the remainder of KRW 100,000 on March 31, 2016, and the remainder of KRW 410,000 on March 31, 2016, and the remainder of KRW 410,00,00 on completion.

Article 6 of the sales contract of this case provides that "if a seller or a purchaser has failed to fulfill the terms of this contract, the other party may demand in writing the person who has failed to perform the contract and cancel the contract. In addition, the other party may claim damages arising from the cancellation of the contract to the other party, and unless otherwise agreed, the contract deposit shall be deemed as the basis for compensation for damages.

(2) Meanwhile, the Plaintiff concluded a sales contract with the Defendant to lease the warehouse building listed in the separate sheet (hereinafter “instant warehouse building”) free of charge.

(3) After paying the down payment of KRW 100,000,000 on February 25, 2016, the Defendant paid KRW 100,000 for the first intermediate payment of KRW 100,000 on March 3, 2016, but did not pay KRW 100,000 for the second intermediate payment to become March 31, 2016.

The plaintiff, at the request of the defendant, did not pay part payments to the defendant on April 15, 2016, which was promised.

(4) The Plaintiff and the Defendant changed the payment date of the second intermediate payment on April 21, 2016, but the Defendant did not comply therewith. On April 22, 2016, the Plaintiff notified the Defendant of the fact that the instant sales contract was no longer in progress and the Plaintiff would take measures accordingly with the knowledge that the instant sales contract would no longer proceed.

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