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(영문) 서울중앙지방법원 2015.01.30 2013가합549121
계약해제통보 무효확인 등의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Since 2006, the Plaintiff has been delegated by the comprehensive market, B, C, etc., which was the original owner of the instant real estate, and has promoted the construction project of a primary complex building.

However, on August 12, 2010, as to the instant real estate, the procedure of voluntary auction began to be established in Suwon District Court Sung-nam Branch D, and Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) was a mortgagee of the instant real estate, and around June 20, 201, acquired the ownership of the instant real estate by winning a successful bid in the said voluntary auction procedure.

On September 5, 2011, the Plaintiff entered into a preferential purchase right guarantee contract (hereinafter “instant contract”) with Seoul Mutual Savings Bank as follows.

The Seoul Mutual Savings Bank shall guarantee the preferential right to purchase the real estate in this case on the condition that the Plaintiff, who intends to purchase the real estate in this case as the owner, removes all defects (in particular lien, etc.) in the real estate in this case.

Article 3. (i) Seoul Mutual Savings Bank shall ensure that the Plaintiff as the owner of this real estate:

1. The sales price of this case is KRW 40.8 billion.

2. In principle, the purchase price shall be paid in full in lump sum, but the plaintiff can propose its payment method, and the Seoul Mutual Savings Bank may make its own decision without any restriction (the response within 30 days shall be decided) and all objections thereto shall not be raised.

3. The Plaintiff has the right to preferentially purchase the real estate at the price set forth in the above Paragraph 1 for two years from the date of this Agreement.

4. The plaintiff may designate a purchaser of the real estate as a third party.

The plaintiff shall ensure that Seoul Mutual Savings Bank:

1. The Plaintiff should remove the defects of the real estate (in particular, lien, etc.) immediately after the conclusion of the contract, so as not to hinder the Seoul Mutual Savings Bank from receiving its name.

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