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(영문) 수원지방법원 성남지원 2018.04.03 2016가합207603
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The conclusion of a sales contract between the Plaintiff and the Defendant and part of the contract 1) Defendant and C (hereinafter “Defendant, etc.”)

(A) On July 19, 2016, the Plaintiff and the Plaintiff are real estate indicated in the “real estate indication” column under the Plaintiff’s ownership (hereinafter “instant land”).

(2) The sales contract (hereinafter referred to as 'the instant sales contract') is called the sales contract.

(2) The main contents are as follows:

Sales contract;

1. At the seat of the real estate indicated, Gwangju Metropolitan City D (243.5 square meters), E (Road), and F (forest) area of part 400 square meters in total for warehouse sites for land category: 1,322 square meters in size, and 109.32 square meters in size for warehouse structures for steel-frame tanks;

2.Article 1 of the Terms and Conditions of the Contract (Sales Price and Time) (1) Seller and buyer shall enter into an agreement between the seller and the buyer as follows:

The sales price of KRW 70 million is KRW 300,000,000 for the intermediate payment of KRW 700,000 shall be paid by August 20, 2016, and the remaining KRW 330,000,000 shall be paid by November 30, 2016.

A loan of KRW 816 billion shall be succeeded in the current state.

Article 2 (Transfer of Ownership) Any seller shall, at the same time, deliver all documents necessary for the transfer registration of ownership and deliver the said real estate to receive any balance of the purchase price.

(Non-performance of Obligations and Compensation for Damages) If a seller or buyer fails to perform any of the terms and conditions of this Agreement, the other party may give written peremptory notice to the person who has defaulted and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be based on the compensation for damages, unless otherwise agreed.

Matters of special agreement

5. For this land, a seller shall be responsible for a construction permit, and for the change of use to a site, a buyer shall be responsible for it.

Provided, That whether to grant building permission shall be determined before intermediate payment.

2. The defendant, etc. on July 19, 2016, which was the date of entering into the contract, pursuant to the instant sales contract.

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