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(영문) 의정부지방법원 2017.06.22 2016가단27344
토지인도 등
Text

1. The Defendants jointly do so to the Plaintiffs:

(a) deliver G road G road 528 square meters in Dongducheon-si;

B. The above land underground.

Reasons

1. Facts of recognition;

A. The Plaintiffs owned land share 1/5 shares of G road G 528 square meters in Dongducheon-si (hereinafter “instant land”).

B. On November 25, 2014, the Plaintiffs, who entered into a sales contract, sold the instant land to the Defendants in KRW 250,000,000,000, and agreed that KRW 50,000,000, a down payment of KRW 200,000, between the Defendants and the Defendants, would each be paid in January 20, 2015 (hereinafter “the instant sales contract”).

C. When the Defendants were unable to pay the remainder on the payment date of the remainder, on February 25, 2015, the Defendants prepared and issued to the Plaintiffs a performance note stating that “if the balance is not paid by March 31, 2015 despite having received prior written consent on the designation of the road for the instant land from the Plaintiff, it would not raise an objection against the legal measures for the claim for the remainder payment.”

1) The Defendants did not pay any balance on March 31, 2015, and the Plaintiffs notified the Defendants that they seek payment of the remainder on several occasions, including April 7, 2015, May 10, 2015, and August 7, 2015. (2) The Plaintiffs notified the Defendants that they would rescind the instant sales contract on October 26, 2015 on the grounds of the Defendant’s delay in payment of the remainder payment obligation, and the said notification reached the Defendants around that time.

E. After the conclusion of the instant sales contract, the Defendant: (a) delivered the instant land from the Plaintiff; and (b) laid the gas pipes, water supply pipes, sewerage pipes, sewage pipes, superior pipes, electricity pipes, and telecommunications pipes on the underground of the instant land; (c) installed cement and asphalt materials on the instant land; and (d) installed the road packaging facilities of cement and asphalt materials on the instant land; and there are no other facilities except each of the instant facilities.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 6, Gap.

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