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(영문) 인천지방법원 2019.05.02 2018가단28616
매매계약해제확인
Text

1. The purchase and sale contract between the Plaintiff and the Defendant on February 9, 2015 entered into between the Plaintiff and the Defendant.

Reasons

1. Basic facts

A. On February 9, 2015, the Defendant entered into a sales contract with the Plaintiff for the purchase price of KRW 151,170,000 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant contract”), and the down payment of KRW 15,117,00 was paid as KRW 15,117,00 in six installments on the date of the contract, and the intermediate payment of KRW 15,117,00 in six installments, respectively, and the remainder of KRW 45,351,00 in occupancy.

B. On February 9, 2015, the Defendant paid down payment of KRW 15,117,00 to the Plaintiff. The period for designating occupancy of the instant real estate was set from September 29, 2017 to November 13, 2017, and the Defendant did not pay intermediate payments and remainder to the Plaintiff.

C. The Plaintiff and the instant real estate C Co., Ltd., Ltd., and the implementing outsourcer D Co., Ltd., were proved to the Defendant that: (a) the unpaid sales price was paid until February 28, 2018; (b) the sales price was not paid by March 12, 2018 and March 19, 2018; and (c) the instant contract was revoked if the unpaid sales price was not paid by March 28, 2018; and (d) the content that the contract would be rescinded if the unpaid sales price was not paid by April 14, 2018; and (e) each of the instant contracts was proved to the effect that the contract would be rescinded on April 17, 2018 and June 37, 2018.

Plaintiff

A and D Co., Ltd., on January 18, 2019, shall keep all documents required for the registration of ownership transfer to the defendant and his/her attorney, together with all copies of the documents stating that "the defendant's payment of unpaid payment of KRW 136,053,00 and late payment of KRW 34,909,834 (inasmuch as the payment is changed according to the date of repayment, it is expected to be made after inquiring about the exact arrears to the support center prior to the repayment), and at the same time deliver the above documents to the defendant." The defendant sent them to the defendant and his/her attorney on January 22, 2019, along with all copies of the documents stating the ownership transfer registration. The defendant and his/her attorney on January 22, 2019 and January 1, 2019, respectively.

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