(영문) 수원지방법원 2017.11.24 2016가합78314

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(영문) 수원지방법원 2017.11.24 2016가합78314

건축에관한 소송

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1. The Plaintiffs are jointly and severally liable to the Defendant for KRW 1,200,000 and KRW 8,000,000 among them, from July 12, 2013.

Reasons

1. Basic facts

A. On July 12, 2013, the Plaintiffs entered into a sales contract with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) with the Defendant, with the amount of KRW 8.5 billion, and the down payment amount of KRW 8.7 billion shall be paid on the date of the contract, and the remainder of KRW 7.7 billion shall be paid until December 31, 2013, with the following content:

(hereinafter “instant sales contract”). The seller of ownership transfer under Article 3 of the Real Estate sales contract shall deliver all documents necessary for the buyer’s registration of ownership transfer at the same time when the remainder payment of the land is completed, and transfer ownership.

Article 7 If a default on obligations and a seller or buyer fails to fulfill the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and cancel the contract.

In addition, the parties to the contract may claim the other party for the compensation for loss following the cancellation of contract, and the compensation for the damage shall be regarded as the basis for the compensation for damage.

Matters of special agreement

2. A seller shall cooperate with the buyer in submitting documents necessary for authorization, permission, etc. related to a development project.

3. Until the buyer pays the remainder to the seller, the permit and license for the sports facilities currently in the future of the seller shall not be revoked, and the remainder shall be paid to the seller and the authorization and license shall be revoked simultaneously;

Provided, That if the seller cancels the seller's right to permit, the cancellation shall be made if the buyer confirms that the business approval has been made, and at that time the buyer provides the seller with a document by which the permit can be transferred or taken over to the seller in preparation for the unpaid condition.

5. The creation of a right to collateral security on the register of the company (creditors) shall be cancelled simultaneously with the payment of any balance.

6. At the time of approval of the project plan.

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