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(영문) 대구지방법원서부지원 2014.06.20 2014가합568
계약무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On July 31, 2008, the Plaintiff entered into a sales contract between the Plaintiff and Defendant Gyeongbuk-do Tourism Corporation (hereinafter “Seoulbuk-do Tourism Corporation”) and the company that was merged with Defendant Gyeongbuk-do Tourism Corporation on August 1, 2013.

The above company and the above defendant are referred to as "Defendant Corporation".

between Defendant Corporation and each property listed in the separate sheet from Defendant Corporation (hereinafter “instant property”).

(2) The sales contract of the property is to purchase KRW 4,912,00,000 among them, which is to pay KRW 491,20,000 as the contract deposit on the date of concluding the contract, KRW 1,473,60,00 as the intermediate payment until November 30, 208, and KRW 2,947,200,00 as the remainder until December 31, 2008 (hereinafter “instant preceding sales contract”).

(2) On November 17, 2008, the Defendant Corporation concluded a contract deposit of KRW 491,200,000 on the same day, and paid the Defendant Corporation a contract deposit of KRW 491,200,000 to the Defendant Corporation. Then, on November 17, 2008, the Defendant Corporation extended the payment date of the intermediate payment under the instant preceding sales contract to the Plaintiff by “by December 19, 2008,” respectively, and the remaining payment date was “by January 30, 2009.” On December 19, 2008, the Plaintiff received an intermediate payment of KRW 1,473,60,000 from the Plaintiff, and around that time, drafted a written consent for land use as to the land specified in the attached Table 1 through 3 (hereinafter “instant land”).

On June 23, 2009, based on the written consent for the use of the above land by Defendant Corporation, the Plaintiff obtained a building permit for construction of a building with a total floor area of 32,053 square meters on each of the instant land from the racing market (hereinafter “instant building permit”).

B. As the Defendant Corporation did not receive the remainder of KRW 2,947,200,00 from the Plaintiff until January 30, 2009, which was the due date for the payment of the remainder extended, the Defendant Corporation notified the Plaintiff of the payment of the remainder several times, and the Plaintiff did not pay the remainder to the Defendant Corporation by July 16, 2012, in a case where “the Plaintiff was on July 16, 2012,” the Plaintiff did not pay the remainder to the Defendant Corporation by July 31, 2012.

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