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(영문) 대전지방법원 서산지원 2018.01.09 2017가단2696
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendants shared 1/2 shares of each of the respective real estate listed in the separate sheet (hereinafter “instant real estate”).

On December 1, 2016, the Defendants concluded a sales contract with the Plaintiff for the instant real estate purchase price of KRW 910 million (hereinafter “instant sales contract”).

The main contents are as follows:

The down payment of KRW 90 million shall be paid and received at the time of contract. The balance of KRW 820 million shall be paid on January 23, 2017.

(C) Terms and conditions of the special agreement include a sum of KRW 500,000,000 from the buyer to the remainder of KRW 320,000,000,000,000,000,000,00

Before the balance date, the seller recognizes the resale, and the buyer bears the tax.

observers shall make up to December 30, 2016, the package work of 3 meters wide on the access road E to the above land.

B. At the time of the instant sales contract, the Plaintiff demanded Defendant B to perform packing works on the Seosan-si E-Road 155 square meters (hereinafter “instant road”), which is owned by Seosan-si, the ownership of the instant land, among the roads leading to the instant real estate, but Defendant B rejected the instant road on the ground that the instant road was not owned by himself.

Accordingly, D decided that the packaging construction of the road of this case will be responsible to the Plaintiff.

C.D has completed the work of flating part of the roads of this case and packing them cemently.

On April 6, 2017, the Plaintiff filed a civil petition demanding the correction of the construction of the road at Seosan City, and the Seosan City notified D of the restoration to the original state of the road.

On March 16, 2017, the Plaintiff notified the Defendants and D that the packaging construction of the instant road would be executed by March 25, 2017, and notified that the instant sales contract would be rescinded if it is not performed. On March 30, 2017, the Plaintiff notified the Defendants and D that the instant packaging construction would be completed by April 3, 2017.

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