(영문) 대구지방법원 2014.05.22 2013가합206041

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(영문) 대구지방법원 2014.05.22 2013가합206041

매매대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The execution of a sales contract for the instant real estate and the physical burden 1) The Housing Construction Corporation and the Defendant, on January 25, 2005, enter into a sales contract with the following terms (hereinafter “instant sales contract”).

Article 2 (Subject Matter of Sale): The purchase price of Article 3 (Sale Price), Article 3 (Sale Price): 5,000,000,000 and the remainder of part of part of part payment, which is KRW 5,000,000,000 (2,000,000,000) shall be KRW 3,00,000,000,000 at the end of the contract of the last parcel (3,00,000,000) at the time of termination of the contract of the last parcel (3 months, February 20, 2006) for three months after the down payment of the down payment (4) the payment of the down payment amount of KRW 3 months: the payment of the down payment amount of KRW 7,00,000,000,000, which is separate from the payment of the down payment amount of KRW 3 months:00,000,000,000,000.

2) All limited real rights, leases, superficies, possessory rights, etc. established on the subject matter of sale are to be completely resolved and ordered by “A (Defendant)” until the date on which the remainder payment is made, and the obligation of “A (Defendant)” is delayed due to the neglect of “A (Defendant)” and thus, “B (Plaintiff)” may claim damages if damage occurs to “B (Plaintiff)”: Provided, That “A (Defendant)” may submit all documents of the protocol of settlement prior to the filing of a lawsuit against an order and receive part of the balance. “B (Defendant)” shall be used as the top priority to resolve the above paragraph (2). In other cases, “B (Plaintiff)” may be replaced by using the whole and part of the unpaid purchase price in order to resolve the burden of the subject matter of sale and pay it to “A (Defendant)”. “A (Defendant)” may not, after the payment of the down payment, engage in any act restricting the creation of security rights or the exercise of ownership rights to the subject matter of sale and purchase.

2. The case.

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