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(영문) 서울중앙지방법원 2016.11.03 2015가단5352794
근저당권말소
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 10,000,000 as well as to the day of full payment from March 11, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On February 26, 2008, the Plaintiff entered into a sales contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the real estate listed in the separate sheet (including all the above real estate; hereinafter “instant real estate”) as follows (hereinafter “instant sales contract”).

Article 2 (Purpose of Contract) The purpose of this Agreement is to purchase the entire site of the real estate owned by Defendant B (hereinafter referred to as “B”) who is the buyer, and the entire site of the display area within the cadastral map in the separate lot of real estate owned by the Plaintiff (hereinafter referred to as “A”), and to promote the building project of multi-family housing

Article 3 (Sales Price and Method of Payment)

1. The sales price of the above real estate shall be KRW 926,800,000 and shall be paid in the following manner:

Down payment: 100 million won (10%) balance: 826,800,000 won (within 15 days after designation and public notice of district unit planning zone) Article 6 (Cancellation of Rights by Third Party and Handling of tenants other than ownership)

1. After the conclusion of this contract, Gap shall not transfer, lease, or establish a third party's right, other than ownership, over the sold real estate to a third party, and where there is an act of selling disposal of the sold real estate by a third party, such as seizure, provisional seizure, provisional disposition, provisional registration, provisional registration, or provisional auction, he/she shall notify Eul thereof and immediately settle it at the expense of Gap;

Article 10 (Cancellation and Termination of Contracts and Compensation for Breach of Contract)

1. A and B may cancel or terminate the contract where the other party fails to comply with the present contract without any justifiable reason, and where the contract is terminated due to a cause attributable to A, the party A shall compensate for the amount equivalent to twice the down payment to B, and where the contract is cancelled due to a cause attributable to B, the down payment already paid shall revert to A.

4.A ground for not being able to promote the building project of a collective housing in the project site of B (or expropriation, etc. of the project site of the Government and Osan City).

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