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(영문) 부산지방법원 동부지원 2018.12.06 2017가합107093
매매계약 해지 확인의 소
Text

1. The plaintiff's main claim is dismissed.

2.(a)

On July 5, 2017, between the Plaintiff and the Defendants, the attached list is recorded.

Reasons

1. As to the real estate indicated on the basis of the facts, the Plaintiff and the Defendants, the seller, and the buyer, agree to the development of a housing construction project for Busan Shipping Daegu Eth (hereinafter “instant housing construction project”) and enter into a sales contract as follows.

Article 1 (Indication of Real Estate) The purpose of this Agreement is to purchase all buildings and trees on the ground located above the Plaintiff, the Plaintiff’s real estate and the project site owned by the Plaintiff, and to promote multi-family housing construction projects (multi-family housing) by purchasing the entire land lot (see the land report) in the real estate and the project site owned by the Plaintiff.

Article 3 (Payment Method of Sale Price) (1) The plaintiff shall have the above sale real estate (the real estate in this case) sold to the defendants, and the sale price shall be KRW 350,000,000.

(2) The Defendants shall pay the purchase price as follows:

(3) Payment of the down payment and the remainder shall be made at the time of application for approval of the remainder of the original project, which shall be paid at the time of preparation of the contract at least 70% of the total amount of the contract deposit 35,000,000 won. Where the down payment and the remainder are transferred from the defendant corporation D or C District Housing Association to its account as follows, the deposit receipt shall be substituted by the receipt:

Article 4 (Duties of the Plaintiff and the Defendants) (1) When the Plaintiff receives the down payment, the Plaintiff shall submit all documents, etc. necessary for the authorization and permission of construction to the Defendants.

(2) The Defendants may not use the documents submitted by the Plaintiff except for the construction authorization and permission.

(3) Vindication shall be the responsibility of the plaintiff.

(4) Where a down payment is paid, this agreement shall take effect as a sales contract.

Article 5 (Cancellation of Contract and Compensation for Damages) This sale of real estate is a site subject to a new construction project of multi-family housing, and the seller and the buyer violate this contract.

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