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(영문) 춘천지방법원강릉지원 2016.11.16 2016가단949
기타(금전)
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. 1) The instant sales contract 1) The land of Gangseo-si C (hereinafter “instant land”).

(2) On January 6, 2006, the Plaintiff entered into a sales contract with the Defendants on the instant land and the instant ground buildings in order to carry out an apartment housing development project (hereinafter “instant project”), and on January 11, 2016, paid the Defendants the down payment of KRW 100,000,000 (the down payment for the instant land, KRW 40,000,000, the down payment for the said land, and KRW 60,000,000 for the down payment for the said land).

The main contents of the above sales contract are as follows:

The purchase price: KRW 600,000,000 down payment of KRW 100,000,000 shall be paid on January 20, 2016, and the balance of KRW 500,000,000 shall be paid on June 30, 2006. The Defendants shall submit two copies of the written consent to land use necessary for their business so that the Plaintiff may carry out the authorization and permission business for building multi-family housing and two copies of a certificate of personal seal for land use (only for authorization and permission) after the conclusion of this contract.

However, the defendants shall submit the additional documents immediately upon the request of the plaintiff.

(A) The Defendants are obligated to cooperate under the proviso of Article 4 and the proviso of the same Act (hereinafter referred to as “instant cooperation”). In the event that the Defendants cancel the contract even if they were to cancel the contract, they are liable to compensate for all damages arising from the discontinuance of business, and in the event that it is impossible to perform the contract due to the Plaintiff’s breach of contract, the Defendants are entitled to automatically terminate

(Article 6. hereinafter referred to as “instant confiscation clause”). B.

On June 30, 2006, Defendant A, including the progress of the instant business and the notification between the Plaintiff and the Defendant, asked the Plaintiff to postpone the payment date of the remainder to the Defendants by the Plaintiff’s agent, thereby delaying the payment date until July 19, 2006.

If the plaintiff does not pay the remainder at the time of the delayed payment, the remainder will be paid.

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