(영문) 창원지방법원 2017.08.24 2017가합50754

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(영문) 창원지방법원 2017.08.24 2017가합50754

계약해제확인 청구의 소

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”), and the Defendant Samsan District Housing Association (hereinafter “Defendant Association”) is an association established in order to carry out the regional housing association project (hereinafter “instant project”) at KRW 1055, 105, 33, 105, 103, 105, 103, 100,000,000,000,000,0000 won.

B. On April 9, 2015, the Plaintiff and the Defendants sold the instant real estate in KRW 1,980,000,000 for the purchase price, and the agreed amount of KRW 20,000,000 for the contract amount of KRW 198,000 (including the sale price) within seven days after the completion of the agreement on the sale and purchase of the entire project site, and the down payment of KRW 198,00 for the remainder of KRW 1,781,98,000 for the contract amount of KRW 1,782,00 for the balance of KRW 1,782,00 for the calculation,00 for the contract amount of KRW 13 months after the payment of the down payment (hereinafter “the instant contract”). The following day, the Plaintiff received KRW 20,000 for the agreed amount from the Defendants.

C. On September 7, 2015, the Plaintiff received down payment of KRW 198,00,000 from the Defendants, and on September 8, 2015, the following day, the Plaintiff sold the instant real estate to the Defendants in KRW 1,980,00,000, and on September 8, 2015, the agreement and down payment was paid and the remainder was paid (= KRW 1,980,000, KRW 20,000 - KRW 198,000,000 - KRW 198,00,000,000) was paid within seven days after the approval of the project plan.

D. The Defendants did not pay any balance to the Plaintiff up to the date, and did not obtain the approval of the project plan of the instant business. 【The grounds for recognition” did not have any dispute, and the evidence Nos. 2, 3, 1, 2, 1, and 2 (each entry, including the numbers, and the purport of the whole pleadings) are as follows.

2. Judgment on the plaintiff's assertion

A. The plaintiff is also the peremptory notice of performance given by the plaintiff.

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