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(영문) 춘천지방법원강릉지원 2016.11.16 2016가단888
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 12, 2006, the Plaintiff entered into a sales contract with the Defendant for the instant land and paid KRW 30,000,000 to the Defendant the down payment to the Defendant for the purpose of running a collective housing development project (hereinafter “instant project”) on the land in Gangseo-si B (hereinafter “instant land”).

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

The purchase price: 300,00,000 down payment of KRW 30,000,000 shall be paid in cash on the day of the preparation of the total contract, and the balance of KRW 270,00,000 on October 30, 206, on the day after the completion of the entire contract, until October 30, 2006, on the condition that the business authorization is delayed once until December 31, 2006.

b. After the conclusion of this contract, the defendant must submit two copies of the written consent to land use necessary for the business and two copies of the certificate of the personal seal impression for land use approval (use only for authorization and permission) so that the plaintiff can promote the authorization and permission business for the building of multi

Provided, That when the plaintiff requests additional submission, the defendant shall submit it immediately.

(The Defendant’s obligation under Article 4 and the proviso below (hereinafter “instant obligation to cooperate”). In the event the Defendant terminates even while underway, the Defendant shall compensate for all damages arising from the discontinuance of the business, and in the event that the performance of the contract is impossible due to the Plaintiff’s breach of the contract, the Defendant may automatically terminate the instant contract without returning the down payment.

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

(1) The Plaintiff did not pay the remainder by December 31, 2006, which is the remainder payment date stipulated in the instant sales contract, and the Defendant sent to the Defendant on January 5, 2007, a mail verifying the content that the instant sales contract will be rescinded pursuant to the instant confiscation clause, but returned. (2) The Plaintiff applied for the approval of the instant housing construction project plan at Gangnam-si around August 7, 2007, however, Gangnam-si.

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