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(영문) 창원지방법원진주지원 2019.08.21 2018가합11759
계약자지위 확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts below the basis of facts are acknowledged based on Gap evidence Nos. 1, 3, and Eul evidence Nos. 1 to 7 (including numbers), and the whole purport of arguments.

A. On October 30, 2015, the Plaintiff concluded the instant sales contract with the Defendant to purchase the instant land in approximately KRW 32.7 billion.

The main contents of the instant sales contract are as shown in the attached Table 2 “main contents of the contract.”

B. On November 2, 2015, the Defendant approved the Plaintiff to use the instant land on the condition that the terms of the instant sales contract should be complied with.

C. The Plaintiff did not continuously pay the purchase price to the Defendant after paying only approximately KRW 3.2 billion in total among the purchase price under the instant sales contract and the first installment.

As a result, the plaintiff and the defendant sent the following official questions to the other party.

On March 7, 2017, the recipient of the date sent, demands the payment of unpaid purchase price until March 24, 2017; demands the payment of unpaid purchase price; loss of benefit under Articles 6 and 7 of the instant sales contract at long-term delay; and notification as to whether the cause for cancellation of the contract falls under the cause for cancellation of the contract; and demands the payment of unpaid purchase price until April 25, 2017; demands the payment of unpaid purchase price; loss of benefit under Articles 6 and 7 of the instant sales contract at long-term delay; and notification that the payment of unpaid purchase price will not be made until June 30, 2017 to the Plaintiff on July 17, 2017; thus, the Plaintiff did not demand the payment of unpaid purchase price to the Plaintiff on May 23, 2017; and notified the Plaintiff on July 27, 2017 to the effect that the contract would not be made until June 30, 2017.

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