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(영문) 전주지방법원 2016.02.17 2015가합3159
기타(금전)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 21, 2006, the Plaintiff purchased the land and the building on the land (hereinafter “instant real estate No. 1”) of 4 lots outside Seoul Special Metropolitan City, Seoul Special Metropolitan City, and KRW 1 billion. The down payment amounting to KRW 100 million on the date of the contract and the intermediate payment to KRW 500 million on August 10, 2006. The remainder amounting to KRW 400 million is paid until October 31, 2006. Defendant B cancelled all rights, such as collateral security established on the real estate before the remainder payment date, and made a sales contract to adjust all real estate occupants, actual occupants, etc. (hereinafter “the first sales contract”), and paid KRW 100 million on the day of the contract.

B. On April 21, 2006, the Plaintiff purchased the land and its ground buildings (hereinafter “instant 2 real estate”) on the 4.8 billion won of the land and the land (hereinafter “the instant 2 real estate”) on the Jeonjin-gu, Seoul Special Metropolitan City. The down payment amounting to KRW 5.5 billion on the date of the contract, the intermediate payment of KRW 1.5 billion on August 10, 2006, and the remainder amount to KRW 2.8 billion until October 31, 2006. The Defendant C concluded a sales contract to cancel all rights, such as collateral security established on the relevant real estate before the remainder payment date, and to adjust all real estate occupants, actual occupants, etc. (hereinafter “the second sales contract”), and paid KRW 500 million on the date of the contract deposit.

C. Upon the Plaintiff’s request, on August 10, 2006, the Defendants extended the payment date of intermediate payment and the remainder between the Plaintiff and the Plaintiff on September 14, 2006. However, in the event that the Plaintiff fails to pay intermediate payment and remainder by the said date, the contract is deemed to have been rescinded, and the contract deposit is deemed to have been reverted to the Defendants as penalty, and the content of the contract under the first and second sales contract was modified.

The plaintiff did not pay the part payment and the balance to the defendants until September 14, 2006.

After that, Defendant C terminated the 2nd sale contract on January 21, 2008, but, considering the Plaintiff’s circumstances, given an opportunity to take account of the Plaintiff, intermediate payment and balance until February 4, 2008.

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