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(영문) 수원지방법원안산지원 2019.09.26 2018가합8153
확인 등
Text

1. The plaintiffs' primary claim and the conjunctive claim are all dismissed.

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

Reasons

Facts of recognition

The conclusion of a sales contract made on May 30, 2018 - Down payment: 30 million won (payment and receipt at the time of a contract): 100 million won (the due date: June 7, 2018) - Any balance: Article 2 (Transfer, etc. of Ownership) of the Act (the due date: May 30, 2021) shall deliver all documents necessary for the registration of transfer of ownership to the purchaser simultaneously with the receipt of the balance of the purchase price, and shall cooperate in the registration procedure, and the delivery date of the said real estate shall be May 30, 2018.

Article 5 (Cancellation of Contract) The seller may reimburse the seller of the intermediate payment before the buyer pays the intermediate payment, and the buyer may waive the down payment and rescind this contract.

The amount of civil construction costs, etc. to be borne by each seller and each purchaser shall be borne by half of the costs of the special agreement.

On May 30, 2018, the Plaintiffs entered into a sales contract with the Defendant to purchase approximately KRW 450,000,000,000 from each of the real property listed in the separate sheet owned by the Defendant, and specified 450,000,000,000 as the object indicated in the confirmation drawing of the land use plan.

(hereinafter referred to as the “instant sales contract”). The main contents thereof are as follows.

The Plaintiffs applied for the survey and appraisal of the subject matter of the instant sales contract during the instant lawsuit pending.

그 결과에 따르면, 위 매매계약의 목적물은 ① 별지 목록 1항 기재 부동산 중 별지 도면 표시 33, 34, 35, 36, 37, 38, 39, 16, 15, 14, 13, 12, 33 각 점을 차례로 연결한 선내 ㈏부분 329㎡ 및 ② 별지 목록 2항 기재 부동산 중 별지 도면 표시 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 12 각 점을 차례로 연결한 선내 ㈑부분 1,156㎡에 해당하는 것으로 확인되었다

(2) On March 22, 2018, the transfer of the instant sales contract, the Plaintiff paid the down payment (hereinafter “instant land”). On the other hand, Plaintiff A, the father of the Defendant, and the seller D, but the seller.

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