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(영문) 창원지방법원진주지원 2019.01.09 2018가합10992
계약해제확인 청구의 소
Text

1. The sales contract concluded between the Plaintiff and the Defendant on September 25, 2015 was concluded.

Reasons

1. Facts of recognition;

A. On September 25, 2015, the Plaintiff entered into a sales contract with the Defendant (hereinafter “instant sales contract”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). The key contents are as follows.

Article 1 (Indication of Real Estate)

1.The real estate to be sold by the Plaintiff (hereinafter referred to as "subject matter") shall be as follows:

Article 2 (Sale Price and Method of Payment) Article 3,431 1,038,038,000,000

2. “B” (Defendant) shall pay the purchase price to “A” as follows:

The sum of the proceeds shall be KRW 519,000,000,000 (Won 519,000,000), the sum of the proceeds shall be KRW 10,000,000 (Won 51,90,000), the sum of KRW 50,000,000,000 (Won 467,100,000) in daily gold (Won 467,100,000) within one month after approval for the project.

1. The delayed period shall not exceed 60 days and the down payment shall be reverted to “A” if 60 days have elapsed;

And the contract shall be terminated or rescinded.

2.A “A” may not terminate or rescind a sales contract until the period for damages for delay expires.

B. The instant real estate belongs to the F Complex site among the E-Newly constructed project site that is divided into three complexes (hereinafter “instant construction project”). On December 22, 2017, the Defendant obtained approval of the housing construction project plan for G and H complex only from the private market on December 22, 2017, and obtained the approval of the housing construction plan for the F Complex including the instant real estate.

[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's evidence 1 to 4 (if there are additional numbers, including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. The remainder payment period of the Plaintiff’s claim under the instant sales contract was changed to June 30, 2017, and the period for delay in the payment of the remainder has expired. Moreover, the Defendant approved the housing construction project plan for the instant construction project.

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