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(영문) 춘천지방법원강릉지원 2016.11.29 2016가단871
기타(금전)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 4, 2006, the Plaintiff entered into a sales contract with the Deceased and paid 5 million won down payment to the Deceased for the purpose of carrying out the apartment housing development project (hereinafter “instant project”) on the part of Gangseo-si G, H, and I land owned by the network F (hereinafter “instant land”).

o Purchase price: 50 million won for down payment: 550 million won for down payment: 100 million won for cash payment on June 30, 2006 on the day after the preparation of the total contract, and until December 31, 2006.

Provided, That within 10 days after the completion of the project approval, the deceased shall submit two copies of the written consent to land use necessary for the project and two copies of the certificate of the personal seal impression for land use approval (only for authorization use) so that the plaintiff can promote the authorization and permission work for the construction of multi-family housing after concluding the contract

When the plaintiff requests an additional submission, the deceased shall submit it immediately.

(A) Article 4 of the sales contract of this case and Article 4 of the proviso (hereinafter referred to as the “instant co-operation”). If the deceased’s cancellation even during the middle of a project, the deceased may compensate for all damages incurred from the discontinuance of the project, and if it is impossible to perform the contract due to the Plaintiff’s breach of the contract, the deceased may cancel the instant contract without returning the down payment (hereinafter referred to as the “Termination”), but it shall be deemed as a clerical error in the cancellation

(Article 6(c) of the sales contract of this case (hereinafter referred to as “instant confiscation clause”). (b)

On June 18, 2007, the Deceased sent the instant sales contract to the Plaintiff on June 18, 2007, by content-certified mail that the Plaintiff would cancel the instant sales contract because of the Plaintiff’s failure to receive intermediate payments and remainder. 2) On July 9, 2007, the Plaintiff issued two new copies of the certificate of personal seal impression necessary for the authorization and permission (hereinafter “instant notification”). However, the Deceased did not issue the certificate of personal seal impression.

3. The plaintiff on 2007.

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