(영문) 창원지방법원 2013.12.12 2013가단2750

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(영문) 창원지방법원 2013.12.12 2013가단2750

토지인도

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1. The Defendants are to the Plaintiff.

A. To order the 645m2 and E 1954m2 in Kimhae-si;

B. The above A.

real estate described in the subsection.

Reasons

1. Facts of recognition;

A. On November 29, 2007, the Plaintiff and Defendant B entered into a sales contract of F (the Plaintiff is a broker assistant of F) with respect to the volume of 645 square meters in Kimhae-si, Kimhae-si, E 1954 square meters in size (hereinafter “instant land”), and 145 square meters in size in G (hereinafter “instant sales contract”) with the broker of F (the Plaintiff is a broker assistant of F), and the main contents are as follows.

A: The intermediate payment of KRW 220,000,000 in the intermediate payment of KRW 20,000: KRW 10,000 in the intermediate payment of KRW 20,000: KRW 30,000 on March 5, 2008: the remainder payment of KRW 160,000,000 on May 15, 2008: Article 6 of the payment on June 30, 2008: In cases where the seller or buyer fails to perform the terms and conditions of this contract, the other party may notify in writing the person who failed to perform the contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages unless otherwise agreed.

Special Agreement Matters:

1. This contract shall be null and void if it is impossible to obtain permission for a land transaction contract;

2. It shall be deemed that the collateral security is created by the time the registration is possible; and

3. After the first intermediate payment, a seller permits a buyer to use land for a farmer's death, and if a contract is not implemented, the buyer shall waive his/her rights to agricultural crops, etc. on the land that he/she used;

B. On March 5, 2008, the date of the first intermediate payment under the above sales contract, the Plaintiff and Defendant B additionally drafted a sales contract with the following contents.

A: The intermediate payment of KRW 10,000,000 in the intermediate payment of KRW 10,000 in the intermediate payment of KRW 200,000: the remainder payment of KRW 160,000,000 on May 15, 2008: Article 6 of the payment on June 30, 2008: In cases where the seller or the purchaser fails to fulfill the terms and conditions of this contract, the other party may demand in writing the seller or the purchaser to demand in writing and cancel the contract.

In addition, the parties to the contract shall compensate for damages.

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