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Reasons
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(영문) 창원지방법원진주지원 2019.01.09 2018가합11049
계약해제확인 청구의 소
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1. The sales contract concluded between the Plaintiffs and the Defendant on November 6, 2015, respectively.

Reasons

1. Facts of recognition;

A. On November 6, 2015, Plaintiff A entered into each of the instant sales contracts with the Defendant (hereinafter “each of the instant sales contracts”) with respect to the 5/12 shares in the real estate listed in the separate sheet, and the 2/15 shares in the 2/15 shares in the 2/15 shares (hereinafter collectively referred to as “instant real estate”). The main contents are as follows.

[Plaintiff] Article 1 (Indication of Real Estate)

1.The real estate (hereinafter referred to as "subject matter") to be sold by A (Plaintiff A) shall be as follows:

Article 2 (Sale Price and Method of Payment) Article 28 (Sale Price and Method of Payment)

2. “B” (Defendant) shall pay the purchase price to “A” as follows:

The remainder (90%) of KRW 15,300,000,000 (Won 153,000,000 per cent) daily gold (Won 10%) of KRW 15,30,000 per day (Won 15,300,000) daily gold (Won 137,700,000) daily gold (Won 137,700,000) within one month after approval of the project (Won 137,700,000).

1. The period of delay shall not exceed 60 days and the down payment shall be reverted to “A” if 60 days have elapsed;

And the contract shall be terminated or rescinded.

2. “A” may not terminate or rescind a sales contract until the period of delay under the above paragraph 1 expires.

[Plaintiff] Article 1 (Indication of Real Estate)

1.The real estate "A (Plaintiff B) for sale (hereinafter referred to as "subject matter") shall be as follows:

Article 2 of the 300.677 91 (Sales Price and Method of Payment)

2. “B” (Defendant) shall pay the purchase price to “A” as follows:

The remainder (Won 50,050,000) of 10,000,000 won (Won 5,000,000) daily gold (Won 5,000,000) daily gold (Won 90 per cent) daily gold (Won 45,050,000) daily gold (Won 45,050,000), after approval of the project, Article 10 (Contract Terms and Conditions, Termination, Cancellation, etc., in the event of delay in the balance) within one month after approval

1. The period of delay shall not exceed 60 days and the down payment shall be reverted to “A” if 60 days have elapsed;

And the contract shall be terminated or terminated.

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