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(영문) 대구지방법원 2015.04.03 2014가단100006
매매계약 해제 확인의 소
Text

1. It was concluded on June 22, 2013 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) regarding real estate indicated in the separate sheet.

Reasons

1. Basic facts

A. On June 22, 2013, the Plaintiff signed a contract with the Defendant on June 22, 2013, under which the Plaintiff, as his/her agent, sells real estate listed in the separate sheet (hereinafter “instant apartment”) to the Defendant for KRW 136,50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

(hereinafter referred to as “instant contract”). (b)

On June 22, 2013, the date of the contract, the Defendant remitted the down payment of KRW 13.5 million to the Plaintiff’s bank account.

After that, the Defendant remitted KRW 6.5 million to the Plaintiff’s bank account on June 24, 2013, and KRW 1 million on July 31, 2013, respectively.

C. On July 31, 2013, the Defendant declared that “A Government would pay the balance as determined by the Government’s decision to reduce the acquisition tax on real estate” through mobile phone text messages, etc. However, C cannot accept it and demanded C to pay the balance on the payment date of the balance.

C On August 2, 2013, the remainder payment date, prepared documents necessary for the registration of transfer of ownership under the instant contract and met the Defendant at the D office.

However, the Defendant did not pay any balance while raising issues such as tax reduction or exemption related to the acquisition of the apartment of this case or future transfer.

E. On August 9, 2013, C expressed its intent to postpone the payment date of the remainder through the mobile phone text message to the Defendant on September 2, 2013.

Then, the Plaintiff demanded that the remainder be paid by September 2, 2013 through the content-certified mail sent from August 19, 2013 to his/her agent C, and the Defendant’s failure to perform this, the Plaintiff’s rescission of the instant contract, and the down payment amounting to KRW 13.5 million shall be reverted to the Plaintiff as damages under the instant contract (Article 6).

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