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(영문) 춘천지방법원강릉지원 2016.11.22 2016가단895
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 11, 2006, the Plaintiff entered into a sales contract with the Defendant and paid KRW 20,800,000 to the Defendant the down payment, as follows, for the purpose of running a collective housing development project (hereinafter “instant project”) on the land owned by the Defendant in Gangseo-si B and C (hereinafter “instant land”).

o purchase price: 28 million won for down payment: 208 million won for down payment: The remainder of 187,200,000 won for the date all the land owners and the written contract are prepared shall be paid by October 31, 2006. However, if any remainder is unable to be paid by the deadline due to the delay in the authorization and permission, the Defendant shall submit two copies, etc. of the written consent for land use necessary for the business to enable the Plaintiff to implement the authorization and permission business for the construction of multi-family housing only once after entering into a contract, and submit two copies, etc. for the certificate of personal seal impression for land use (only for authorization and permission) for the purpose of approving the construction of multi-family housing.

When the plaintiff requests an additional submission, the defendant shall submit it immediately.

(The defendant's obligation under Article 4 of the sales contract of this case and the proviso clause (hereinafter referred to as "the defendant's obligation to cooperate in this case").

(1) On July 9, 2007 and September 10, 2007, the Plaintiff issued two copies of a new certificate of personal seal impression necessary for authorization and permission, and notified the Plaintiff (hereinafter “instant notification”) (hereinafter “instant notification”).

However, the Defendant did not issue a certificate of personal seal impression on the grounds that the Plaintiff could not trust the Plaintiff, such as applying for approval of the business after a considerable period of time from the date of concluding the instant sales contract. (2) The Plaintiff filed an application for approval of the instant business plan against Gangnam-si around August 7, 2007, but rejected the said application on the grounds that the written consent to land use was incomplete.

C. The Plaintiff’s cancellation of the Plaintiff’s registration of a housing construction business operator is a hearing procedure on cancellation of registration of a housing construction business operator around 2009.

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