(영문) 서울중앙지방법원 2020.04.14 2020가단5047478

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(영문) 서울중앙지방법원 2020.04.14 2020가단5047478

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

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff purchased the instant real estate from Defendant B Co., Ltd. (hereinafter “Defendant trust”), and the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) concluded a real estate trust agreement with the Defendant trust.

B. On June 25, 2018, the Plaintiff concluded a sales contract (hereinafter referred to as “instant sales contract”) with the sales price of KRW 233,920,00 for the instant real estate and the Defendant trust (hereinafter referred to as “instant sales contract”) with the terms of KRW 233,920,00 for the purchase price of KRW 233,92,00 for the instant real estate, payment for the first intermediate payment of KRW 70,176,00 for the first intermediate payment of KRW 70,178,000 for the second intermediate payment of KRW 35,08,000 for the second intermediate payment of KRW 35,08,00 for the third intermediate payment of KRW 35,08,00 for the third intermediate payment of KRW 35,08,00 for the remainder payment, KRW 70,176,00 for the occupancy of KRW 0 for the Defendant Company’s beneficiary and beneficiary.

C. The content of the instant sales contract is as follows.

(A) Defendant Trust, B, and Article 2 (Cancellation of Contract) (1) A may cancel this contract when a Party B commits any of the following acts:

2. Where the balance fails to be paid within three months from the expiration date of the designation period for occupancy, making a peremptory notice.

3. Where a financial institution claims the performance of a loan on behalf of a financial institution due to the occurrence of a loan and the payment of interest, etc. on behalf of a party A, when the party A does not pay the interest, etc. to a financial institution even if two or more times with a grace period of not less than 14 days specified and notified by the party B at least two times.

If the contract cancellation notification, etc. of Party A to Party B is not implemented, it shall be sent to the previous address, and it shall be presumed that it takes effect upon the lapse of 15 days after the dispatch, and the disadvantage of Party B shall not be liable to Party A.

In addition, the address in the contract is incorrect even if it is the same.

Article 3 (Penalty) (1)

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