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(영문) 수원지방법원평택지원 2017.11.01 2017가합9055
매매계약해제확인등
Text

1. As to each real estate listed in the separate sheet between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff), June 20, 2016.

Reasons

The main lawsuit and counterclaim are also examined.

Basic Facts

On June 20, 2016, the Plaintiff entered into a sales contract with the Defendant on June 20, 2016, with the content that the instant real estate was sold to the Defendant on July 20, 2016 (payment on the day of the contract, the intermediate payment of KRW 165 million on the day of the contract, the intermediate payment of KRW 165 million on the day of the contract, the intermediate payment of KRW 165 million on July 20, 2016, and the remainder of KRW 1320 million on August 16, 2016 (hereinafter referred to as “instant sales contract”), and under a special agreement, the Defendant is obliged to bear the full-time expenses for the director’s expenses, such as the premium of the existing lessee, and the Plaintiff decided to deliver the lease contract and the information related to the lease to the Defendant at

(hereinafter referred to as the “instant special agreement”). The Defendant paid to the Plaintiff KRW 330 million in total as the down payment and intermediate payment according to the instant sales contract.

On August 17, 2016, the date following the remainder payment date, the Plaintiff sent a certificate of content that the Defendant would cancel the instant sales contract without paying any balance until August 22, 2016, by demanding the Defendant to pay the balance, along with the documents necessary for the registration of transfer of ownership.

On August 23, 2016, the Defendant: (a) intended to pay the remainder to the Plaintiff for bank loans; (b) however, the Plaintiff failed to obtain a construction permit; (c) failed to pay the remainder; and (d) issued a certificate to the effect that the Defendant would have the intent to pay compensation for delay more than two to three times the contractual terms in the event of delayed payment.

On April 20, 2017, the Plaintiff: (a) revoked the instant contract; (b) confiscated the down payment as a penalty; and (c) sent a certificate of content to the effect that the account number in return for the intermediate payment is known to the Defendant (hereinafter “instant cancellation”); and (d) on May 20, 2017, the Defendant as the principal deposit account.

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