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(영문) 수원지방법원 2018.01.11 2017가단505724
근저당권설정등기말소 등 청구의 소
Text

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

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

Reasons

On December 12, 2015, the Plaintiff entered into a sales contract with the Defendant to purchase land of KRW 4,84,000,000,000,000,000,000,000,000,0000,000,000,000 won, out of KRW 72,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000

(hereinafter “The first sale contract”). The remaining payment date, regardless of the date of the payment of the balance under the contract, shall be paid within eight months from the date of the contract ( August 12, 2016). In the event that the buyer fails to perform it, the seller may rescind the contract, and at this time, the sale price already paid is reverted to the seller (Article 7). This contract is a contract entered into for the purpose of the buyer’s establishment of a factory, and where approval for the establishment of a factory is impossible due to reasons not attributable to the parties to the contract, this contract shall be rescinded without any cause attributable to the parties. In this case, the seller shall return the purchase price received from the buyer within 15 days from the date of non-permission of the purchase price

(Article 10). The area of land subject to a sales contract shall be based on the area on land cadastre, and if there is a difference in the area measured after the difference, it shall be adjusted to the actual area.

(Article 11) By January 10, 2016, the Plaintiff paid KRW 720 million, a down payment, to the Defendant.

On September 5, 2016, after the remainder payment date stipulated in the first sales contract, the Plaintiff, including the second sales contract and the transfer of ownership, entered into a sales contract with the Defendant to invalidate the first sales contract on November 14, 2016 and entered into a sales contract with the following terms:

(hereinafter referred to as “the second sale contract”). The subject matter of sale: B, and the case is the total area of 13,784m2,00 square meters and less than 17m2.

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