(영문) 수원지방법원안산지원 2014.05.15 2013가합21724

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(영문) 수원지방법원안산지원 2014.05.15 2013가합21724

매매대금반환

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1. The Defendant’s KRW 80,537,160 for the Plaintiff and KRW 6% per annum from August 23, 2013 to May 15, 2014.

Reasons

1. Basic facts

A. From around 2003, the Defendant is promoting a housing site development project in the B B zone in Kimpo-si, Kimpo-si, while proceeding with the creation and sale of housing sites, housing construction, infrastructure development project, etc.

B. On October 14, 2009, the Plaintiff concluded a sales contract for commercial land (hereinafter “instant sales contract”) with the Defendant (a contracting officer: the head of the Incheon Regional Headquarters”) on the following terms:

(c) In selling the indicated real estate (hereinafter referred to as "marked real estate") as indicated below, the buyer and seller shall enter into a sales contract as specified in the following provisions, and shall prepare two copies of the contract in order to verify such contract and keep one copy of the contract after signing and sealing it by the buyer and the seller:

1. Contracting parties - Seller: A stock company - Seller: The head of the Incheon Regional Headquarters of the Korea Land and Housing Corporation;

2. Article 1 (Sale Price) (1) The seller shall sell the indication form to the buyer at the following prices, and the buyer shall pay the sale price to the seller at the place designated by the seller according to the following method of payment:

Article 10 (Cancellation of Contract) (14 April 14, 2010) of the date of concluding a contract for the payment of KRW 1,342,28,484,572,00,268,457,200 won 1,073,828,800 won, 1,342,286,00 won and the date of concluding a contract for the payment of KRW 1,342,286,00 on April 14, 2010 (1) Where a buyer commits any of the following acts, the seller may cancel this contract:

1. Where a buyer of an intermediate payment or any balance fails to pay it by the payment deadline.

2. Where the purpose of the contract is impossible to be achieved because the name of the site for the purpose is delayed for not less than six months due to a cause attributable to the seller.

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