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(영문) 대전지방법원천안지원 2015.02.06 2014가합100811
수분양자지위부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Re-security oil Co., Ltd. (hereinafter “re-security oil”) is the executor of the instant project (hereinafter “instant project”) that newly constructs and sells C (hereinafter “the instant building”) on the land outside B and five parcels of land in Yancheon-si, and the Plaintiff is a contractor awarded a contract for the construction of the instant building from re-security oil on March 28, 2003.

B. On April 28, 2004, the Defendant entered into a contract to purchase KRW 54,652,00 on the fourth floor of the instant building (13.35 square meters of supplied area, and KRW 1.20 square meters of site area) (hereinafter “instant sales contract”). According to the instant sales contract, the Defendant paid KRW 10,930,00 as the down payment at the time of the contract, the intermediate payment was five times for the intermediate payment, and KRW 5,465,00 as the remainder, and KRW 16,396,00 as the date of the designation of the occupant.

The main contents of the instant sales contract are as follows.

Article 1 (Supply Price and Payment Method) The re-security property shall be supplied by the defendant according to the following methods, and the defendant shall pay the corresponding amount to the re-security property:

5. The date of payment of remainder shall be the date of designation of shop occupants notified in writing separately.

Article 3 (Transfer of Ownership)

1. The defendant shall pay the sale price, late payment, management fee, advance payment, etc. in full, and apply for delivery of documents for transfer of ownership to re-security oil within one month from the date the public book for re-security is completed, and shall complete transfer of ownership at the defendant's expense within 60 days from the date the application for transfer of ownership is possible.

Article 8 (Entry Points and Business)

2. To notify the Defendant of the designation of the occupant by mail not later than 30 days before the date of the designation of the occupant.

Article 15 (Termination of Contract)

1. Re-security may terminate this contract without due process, such as peremptory notice, in the following cases for the management of the contract:

1. 30 days from the due date for the payment of the intermediate payment, remainder, development costs, or other money under this contract by the defendant.

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