(영문) 창원지방법원 진주지원 2018.10.10 2018가합10886

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(영문) 창원지방법원 진주지원 2018.10.10 2018가합10886

토지사용승인 확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 30, 2015, the Plaintiff concluded a sales contract to purchase the instant land from the Defendant for approximately KRW 32.7 billion (hereinafter “instant sales contract”).

The main contents are as follows:

Article 1 (1) The Plaintiff shall pay the purchase price to the Defendant ten times from October 30, 2015 to October 30, 2020.

Each year

4. Payment on October 30 and 30. Paragraph 1 of Article 4, the defendant shall transfer the ownership of the land after the plaintiff paid the purchase price in full.

Where a plaintiff falls under any of the following subparagraphs, the defendant may have the plaintiff pay the full amount of the remaining amount not paid immediately, notwithstanding the period of installment collection under Article 1:

1. When the plaintiff's failure to pay the purchase price for not less than six months and the defendant fails to pay the purchase price within a period set for a grace period of not less than 14 days and the defendant falls under any of the following subparagraphs, the defendant may rescind this contract:

3. When the Plaintiff lost the benefit of time due to a cause falling under any of the subparagraphs of Article 6 and did not perform the obligation within 14 days even after receiving a demand for full repayment from the Defendant. (4) When this contract is terminated, the Plaintiff shall restore the land to its original state at the time of conclusion of the contract, and the Defendant shall return the purchase price to the Plaintiff at the time of completion of restitution.

Article 9 (1) Any declaration of intention related to this contract, such as cancellation of a contract, shall be made in writing.

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.

Accordingly, the plaintiff and the defendant are as follows.

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