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(영문) 수원지방법원 2020.07.14 2019가단23585
기여금
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 December 20, 2017, the Plaintiff purchased KRW 225,05,000 (hereinafter referred to as “D land”), before the Defendant’s wife population C (hereinafter referred to as “Cri”) (hereinafter referred to as “E land”), KRW 3,053,053,000 (hereinafter referred to as “E”), ③ F large 296,000 square meters (hereinafter referred to as “F land”), ④ 172,000 square meters prior to G (hereinafter referred to as “G land”), ⑤ 10,512,000 square meters of H forest land (hereinafter referred to as “H land”), ⑥ 19,934 square meters of I forest land (hereinafter referred to as “I land”), and combined the said six parcels of land with the purchase price of KRW 85,00,000,000 (hereinafter referred to as “instant sales contract”), and paid the Defendant a down payment of KRW 41,00,000 on the same day.

The instant sales contract was arranged by J (hereinafter “J”) and its main contents are as follows.

(‘A’ means the Defendant, “B” means the Plaintiff), and “B” means the total purchase price, down payment, intermediate payment, and balance of the real estate in Article 1 (Sale Price), as follows:

Where Article 9 (Non-performance of Obligations and Compensation) A or B of the first down payment 40,000,000 as of the date of the installment payment on December 20, 2017, the first down payment 45,000,000,000 intermediate payment 40,000,000 intermediate payment on January 30, 2018, and 365,000,000,000 as of February 28, 2018, and the aggregate of 365,000,000,000 March 30, 2018, the other party may give written peremptory notice to the person who has defaulted and rescind the contract.

In addition, the parties to the contract may claim damages for the cancellation of the contract respectively to the other party, and the contract deposit shall be based on the compensation for damages, unless otherwise agreed.

Article 14 (Matters under Special Agreement)

1. Part payments shall be deposited in the account of the seller by receiving a loan from the buyer as the borrower with the offering of collateral from the seller;

B. On February 6, 2018, the Defendant concluded a mortgage contract with K Union and each of the instant lands with the obligor L, with the maximum debt amount of KRW 650 million.

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