(영문) 수원지방법원 2018.04.12 2016가합83897

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(영문) 수원지방법원 2018.04.12 2016가합83897

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 8, 2013, the Plaintiff entered into a real estate sales contract (hereinafter “instant contract”) with the Defendant to purchase real estate listed in the attached Table 3, located in the Gyeonggi-do Suwon-si Cdong, Gyeonggi-do (hereinafter “Cdong”) and the main contents thereof are as follows.

2.The above real estate sales contract will be made as follows:

1) Sales proceeds are total of KRW 9.5 billion ( KRW 1,194,000 per square). 2) Sales proceeds are as follows:

Down payment: 200 million won out of 300 million won (the machine payment shall be paid on April 30): 70% of the loan shall be deposited.

When the second authorization and permission is acquired: The settlement of the substitute soil and the balance shall be completed.

3) The seller shall, within 20 days from the date of the payment of the down payment, submit to the buyer the documents necessary for the said authorization and permission. The authorization and permission is held by the buyer, but the seller shall actively cooperate with the buyer. 4) The seller shall be responsible for the bank loan and the seller shall actively cooperate in the loan business.

5) The balance of ownership transfer procedure: the complete transfer of the ownership of the entire parcel of land. D (d) the seller shall perform the procedure for non-performance by the seller; 6) the seller or the buyer may cancel the contract when the seller or the buyer fails to fulfill the terms and conditions of this contract.

A penalty for cancellation of a contract may be claimed, and the down payment shall be deemed as the standard for penalty.

After the authorization and permission of the addition, the public works shall be completed by the buyer of the civil works, and the location of the public works shall be the upper part, and the ordinary part shall be the condition that the sale shall be later 600 square meters to the seller.

Where a buyer and a seller are changed as a juristic person after the conclusion of a contract, this contract shall be effective and the contract may be prepared again.

It sets up KRW 600 million when paying the down payment.

- Seller: the defendant - the buyer.

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