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(영문) 서울중앙지방법원 2014.07.18 2013가합539858
계약무효 확인의 소
Text

1. On June 11, 2002, between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff), as to 461 square meters prior to Yangyang-gu, Young-gu C.

Reasons

1. The Plaintiffs, D (hereinafter “A”) and the purchaser Defendant (hereinafter “B”) enter into a basic agreement for the sale and purchase of real estate (land) as follows:

Article 2 (Sale Price) The price of land in real estate shall be KRW 750,000 per square meter, the total amount of which shall be KRW 345,750,000,000 per square meter.

Article 3 (Conclusion of Contract) of the Section 4 (Method of Payment of Contract Price) of the first intermediate payment of KRW 34,575,000 on June 11, 2002 when acquiring land transaction permission of KRW 10,00,00 on July 26, 2002, when the land transaction permission of KRW 34,575,00,000 is made for the non-fixed agreed amount of KRW 34,575,00 on the date of the division (the above-mentioned agreed amount of KRW 34,575,00).

A. The purpose of this Agreement is to implement the housing projects of Eul, and upon completion of all the conditions for achieving the purpose of purchase (acquisition, etc. of land transaction permission) and upon completion of this Agreement, this Agreement shall be concluded with Gap at the time of the fulfillment of the said conditions.

B. At the time of the conclusion of this Agreement, the contract payments and intermediate payments paid pursuant to this Agreement shall be replaced with down payment and intermediate payments, and any balance shall be paid according to the terms and conditions of this Agreement.

Section 13. (Badrity.) This Arrangement cannot unilaterally rescind this Arrangement on any grounds that it is the full implementation of the housing projects of Section B, and even if the land transaction permission of Section B is granted, the agreed amount out of the already paid amount shall belong to Section A.

On June 11, 2002, the Plaintiffs and the Plaintiffs’ mother-friendly D agreed on the conclusion of the sales contract (hereinafter “instant agreement”) with the Defendant and the “Agreement on the Sale and Purchase of Real Estate (Land)” as the name of the “Agreement on the Sale and Purchase of Real Estate (Land).”

The main contents of the instant agreement are as follows.

B. The defendant, when entering into the agreement of this case with the plaintiffs and D, 34,575.

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