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(영문) 춘천지방법원강릉지원 2016.11.02 2016가단901
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 11, 2006, the Plaintiff entered into a sales contract with the Defendant and paid the Defendant KRW 11,500,000 as down payment, in order to carry out a collective housing development project (hereinafter “instant project”) on the instant land (hereinafter collectively referred to as “instant land”), which is located in Gangseo-si B, Da, D, E, F, and G (hereinafter collectively referred to as “instant land”).

o Sales Price: KRW 111,500,000 for down payment: 111,50,000 for down payment: The remainder 1,003,500,000 on the date of the contract. The remainder 1,003,500,000 for the contract shall be until October 31, 206: Provided, That where the authorization or permission is delayed, until December 31, 2006.

o The defendant shall, after entering into a contract, submit two copies, etc. of a certificate of the personal seal impression (use only for authorization and permission) for land use for the purpose of giving consent to land use necessary for the business so that the plaintiff can promote the authorization and permission business for

When the plaintiff requests an additional submission, the defendant shall submit it immediately.

(A) If the Defendant’s duty under Article 4 of the instant sales contract and Article 4 of the proviso (hereinafter referred to as “instant duty of cooperation”) is terminated even while the Defendant is under way, the Defendant would compensate for all damages incurred due to the discontinuance of the business, and if it is impossible to perform the contract due to the Plaintiff’s breach of contract, the Defendant may not return the down payment and cancel the instant contract without returning it (hereinafter referred to as “cancellation”), but it shall be deemed to be a

(Article 6(c) of the instant sales contract (hereinafter “instant confiscation clause”)

B. On July 9, 2007 and September 10, 2007, the Plaintiff sent two copies of a new certificate of personal seal impression necessary for the authorization and permission, and the above notice reached the Defendant (hereinafter “instant notice 1”)

The defendant requested the payment of the balance of the first notice of this case, and the certificate of personal seal impression is issued.

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