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(영문) 서울북부지방법원 2019.01.11 2017가단137993
매매계약해제 등 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1.The basic fact down payment of KRW 100,000,000 shall be paid and received at the time of the contract. Article 6 [In the event that a seller or a purchaser fails to comply with the terms and conditions of this contract, the other party may give written peremptory notice to the person who has failed to comply and rescind the contract.

In addition, the parties to the contract may claim damages from the other party according to the termination of contract, respectively, and the contract deposit shall be based on the compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

1. On May 1, 201, the buyer confirmed the site and confirmed the registration of the present facility condition and entered into a contract. The seller D was hospitalized, according to the order of disposition necessary for the performance of duties by the adult guardian, according to the Family Court 2016 D's order of disposition, the adult guardian is legally responsible for all legal responsibilities and the buyer will enter into a contract, and the buyer shall be fully responsible for the buyer's work.

On July 10, 2017, C representing the Plaintiff entered into a sales contract (hereinafter “instant one contract”) with the Defendant, who representedd D on behalf of the Plaintiff, to purchase five floors of reinforced concrete structure and housing (hereinafter “instant building”) in Seongbuk-gu Seoul E, Seongbuk-gu, 122.3 square meters, and its ground for reinforced concrete structure and five floors of the relevant ground, for the purchase price of KRW 1,350,000 (hereinafter “instant building”). The main contents of the said sales contract are as follows.

B. On August 22, 2017, the registration of transfer of ownership in the name of the defendant was completed on the grounds of inheritance due to the agreement and division as of February 17, 2017 with respect to each real estate described in paragraph (a).

C. On August 22, 2017, the Plaintiff and the Defendant were identical to the sales contract, and Paragraph 5 of the said special agreement were deleted, and the amount and time of payment of the intermediate payment and the remainder are partially different (the remainder 982,00,000 won should be paid until September 27, 2017). The Plaintiff and the Defendant concluded the sales contract as the Defendant.

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