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(영문) 서울중앙지방법원 2018.11.21 2018가단5009992
매매계약무효확인등의 소
Text

1. A contract between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) is concluded by virtue of the real estate indicated in the attached Table on April 13, 2006.

Reasons

1. Facts of recognition;

A. 1) The Defendant is a corporation established for the purpose of civil engineering and construction, housing construction, etc., and the land in Gyeyang-gu C and D in Gyeyang-gu (hereinafter “instant project site”).

2) The business of constructing multi-family housing (multi-family housing) (hereinafter referred to as “instant business”).

(2) The Plaintiff is the owner of the instant real estate included in the instant project site.

B. 1) On April 13, 2006, the Defendant entered into the instant contract with the Plaintiff on April 13, 2006, as follows (hereinafter “instant contract”).

On the same day, the Plaintiff concluded a contract deposit of KRW 40,000,000, which is 10% of the purchase price, was paid to the Plaintiff. The purpose of Article 1 (Purpose) is “B” (the Defendant; hereinafter the same shall apply).

(A) The above indication “A” (the plaintiff, hereinafter the same shall apply)

(B) land, buildings, etc. on the following display lots, including real property owned (hereinafter referred to as “project site”).

(2) The construction project (hereinafter referred to as "project") of multi-family housing (multi-family housing) by wholly purchasing the project.

The purpose of “A” and “A” is to determine the relationship between the rights and obligations of “A” in promotion. The site subject to the project is to cancel or terminate this contract in any of the following cases by December 31, 2006, where the down payment for the payment of the down payment exceeds 10% at the time of the completion of the entire contract for the site of the project in Gyeyang-gu, Gyeonggi-do divided into approximately 5,300 square meters (payment method) and approximately 5,300 square meters (payment method) and the down payment for the entire site of the project, the difference is reverted as part of the part of the intermediate payment. The intermediate payment is KRW 00,000,000,000 won by September 30, 2006, and until December 31, 2006:

In such cases, the down payment paid by “B” shall belong to “A”, and “A” shall return within seven days the amount excluding the down payment received from “B”.

Other cases where it is clearly deemed that the purpose of this contract can not be achieved due to the significant breach of contract of "B".

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