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(영문) 수원지방법원평택지원 2020.05.07 2019가합8087
부동산매매계약해제확인의소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Plaintiffs entered into a sales contract on November 18, 2013, and the F Co., Ltd. (hereinafter “F”).

2) Each of the instant real estates was sold (hereinafter “instant sales contract”).

The main contents of the contract are as follows. The total amount of the purchase price under Article 3 (Sales Price and Terms and Conditions for Payment) of the Real Estate Sales Contract: The balance of KRW 3 billion paid at the rate of KRW 3 billion paid at the rate of KRW 10% for the contract: 90% of the remainder of the “matters of special agreement” at the rate of KRW 10 million paid at the rate of KRW 10% for the contract, 2.7 billion on October 30, 2014, and the aggregate of KRW 100 billion within 30 days after the civil engineering works for appraisal and assessment, but the benefit of the buyer shall be the benefit of time.

A. Since each real estate of this case is purchased for the purpose of establishing an industrial and distribution-type district unit plan, the plaintiffs cannot modify or cancel a unilateral contract due to changes in circumstances following the contract.

C. Prior to the receipt of the remainder, the Plaintiffs should extinguish all the burdens that restrict the F’s full ownership, including the right to collateral security, superficies, provisional registration, provisional disposition, provisional disposition, seizure, lease, graveyard, and stable, which are established on each of the instant real property, and other unpaid taxes and public charges.

In addition, when there is a right claim from a third party, it should be resolved at the responsibility of the plaintiffs and it should not interfere with F's land use.

E. The Plaintiffs should, at the same time, provide F with all documents necessary for the registration of transfer of ownership of real estate to F or any other person designated by F so that they can be transferred to F or F.

F. F may refuse to pay the intermediate payment or the balance if the Plaintiffs fail to comply with paragraphs (a) through (e), and the amount equivalent to 1/100 of the total amount of the contract per day shall be paid by the Plaintiffs to F.

Provided, That the settlement of delayed compensation and amount of compensation shall be the credit when the balance is paid.

Article 6 (Liability for Taxes and Taxes) Each real estate of this case.

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