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(영문) 인천지방법원 2018.01.19 2016가합58030
약정금
Text

1. The part concerning the confirmation of existence of the obligation among the claims filed by the plaintiff (Counterclaim defendant) in the primary principal lawsuit shall be dismissed;

2. The defendant corporation.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 5, 2013, the Plaintiff intended to purchase from the Korea Land and Housing Corporation for KRW 2,230,000,000 of the purchase price of KRW 2,230,000 from Jung-gu Incheon Central Land and Housing Corporation (hereinafter “instant land”). On the same day, the Plaintiff paid KRW 223,00,000 as the down payment.

B. On April 30, 2014, the Plaintiff agreed to transfer the instant land in KRW 223,000,000 to the Defendant Company, and entered into a contract with the following terms (hereinafter “instant sales contract”).

(1)The address of the land sale and purchase contract: In selling and buying this land to the Defendant Company (hereinafter referred to as the “Buyer”), the Plaintiff (hereinafter referred to as the “Buyer”) who purchased the said parcel number from the Korea Land and Housing Corporation (hereinafter referred to as the “Korea Land and Housing Corporation”) is entitled to purchase and sell the land in this case to the buyer by setting forth the following terms and conditions of the contract:

Article 1 (Period of Agreement)

1.The duration of this Agreement is only one month from the date of the contract.

Article 2 (Terms of Contracts)

1. The buyer shall, within one month from the date of conclusion of the contract under this Agreement, secure the 70% of the purchase price of the land from a commercial bank and the transfer of ownership is completed, and the buyer shall have the intent of this Agreement to carry out the planned execution project;

Article 3 (Termination of Contracts)

1. If the buyer intends to specify the agreed period, the real estate sales contract to be attached shall be null and void, and immediately return the said land to the seller without any purchase and sale price for the reason of the loan of financial balance to the buyer;

Article 4 (Issuance of Documents Relating to Establishment of Collateral Mortgage)

1. Documents by which the buyer can establish collateral security in order for the seller to secure his claim after the transfer of ownership by the buyer of the above lot number to the date of payment of the purchase price of the land.

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