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(영문) 수원지방법원성남지원 2016.09.29 2015가단214492
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s principal suit is dismissed, and the defendant (Counterclaim plaintiff)'s counterclaim is dismissed.

2. The main office;

Reasons

1. Basic facts

A. The purpose of this contract, including the conclusion of the instant sales contract, is to purchase the real estate indicated in Article 2(1) from the Plaintiff and to promote an urban development project in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul-si. On the premise of this, the purpose of this contract is to closely cooperate with the Plaintiff and fulfill its mutual rights and obligations, and the interpretation of each provision is equivalent thereto.

Article 2 (Subject Matter of Sale) - Plaintiff A: 506 square meters prior to D, E, 16 square meters for a ditch, and 40 square meters for a F road - Plaintiff B: Article 3 (Sale Price and Payment schedule) (1) of 1 billion won (Plaintiff A) and 620 million won (Plaintiff B). The payment schedule for the sale price shall be determined as follows:

- Contract deposit (10%) - intermediate payment (89%) - Within ten months after the payment of down payment (within two months after the designation of a district and the approval of a development plan) - Balance (1%): Article 10 (Cancellation or Termination of Contracts) (1) at the time of disposition of replotting for an urban development project, A may terminate this contract in any of the following cases:

If Eul delays the payment of the purchase price for not less than 30 days without any justifiable reason, it is difficult to promote the urban development project any longer due to the revision of the relevant laws, etc. or the public development in the main project site, Gap and Eul are not responsible for their mutual causes, and this contract is automatically terminated.

[hereinafter “instant cancellation clause”). Article 12 (Indemnification) (1) The down payment that B paid when the contract is terminated due to a cause attributable to B shall belong to A.

(3) In cases falling under Article 10 (3), no one shall be liable for damage between both parties, and the money already paid to Gap shall be refunded to Eul.

Matters of special agreement

1. On July 10, 201, A, a special purpose corporation, which was established to develop B Dong-dong due to the nature of an urban development project, was changed to I Co., Ltd.

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