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(영문) 제주지방법원 2019.08.20 2018가단63039
건물명도(인도)
Text

1. The Plaintiff, Defendant B, and Defendant C, each of the real estate listed in the separate sheet No. 1, and the real estate listed in the separate sheet No. 2.

Reasons

1. Basic facts

A. (1) On April 8, 2016, the Plaintiff entered into a sales contract for officetels (hereinafter “instant building”) with Defendant B, as indicated in the attached Table 1 (hereinafter “instant building”).

(2) The real estate listed in the separate list No. 2 (hereinafter referred to as “instant E”) to Defendant C

(2) The sales contract of each of the instant sales contracts (hereinafter “each of the instant sales contracts”) selling each price of KRW 287,520,000 (including value-added tax).

(2) From April 8, 2016 to March 15, 2017, the Defendants paid the purchase price of KRW 172,512,00 in total to the Defendant as the down payment and intermediate payment according to each of the instant sales contracts.

In addition, upon the Plaintiff’s consent, Defendant B moved into the instant building on February 2, 2018, and Defendant C around March 28, 2018, respectively.

B. The Plaintiff’s rescission 1) The Defendants occupied and used each of the instant buildings with prior permission from the Defendant for occupancy prior to the payment of the remainder, and did not pay the Plaintiff any remainder of KRW 115,008,000 (the date of the initial payment agreement: December 11, 2017) due to each of the instant sales contracts. (2) The Plaintiff urged the Defendants to pay the remainder in arrears until April 13, 2018, and would be expected to cancel the sales contract if the remainder in arrears is not paid by the said deadline.

A notice to the effect that “the sales contract is to be rescinded if the remaining balance is not paid by the above deadline” was sent by content-certified mail, and again, around May 14, 2018, the notice was sent to the Defendants by content-certified mail to the effect that “the Defendants shall demand the payment of the remaining balance in arrears by May 28, 2018, and that the sales contract will be rescinded if the remaining balance is not paid by the above deadline.”

On June 8, 2018, the Plaintiff expressed its intent to cancel each of the instant sales contracts to the Defendants as of June 8, 2018 on the grounds that each of the instant sales contracts was unpaid, and the said declaration of intent reached each of the Defendants around that time.

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