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(영문) 부산지방법원 2014.01.29 2013가합43362
부동산매매계약해제확인의 소
Text

1. The sales contract entered into on April 16, 2004 between the Plaintiff and the Defendant with respect to the real estate stated in the separate sheet was concluded.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 3 through 11, and evidence No. 2-1 and 2, and the purport of the whole arguments:

The plaintiff related to the parties is the owner of the real estate listed in the separate sheet (hereinafter referred to as "the land in this case"), and the Hegdong Development Co., Ltd. (the trade name was changed to the Hegwon Development Co., Ltd. on December 14, 2007; hereinafter referred to as " Hegdong Development") and Hegdong Co., Ltd. (the trade name was changed to the Hegwon Housing Co., Ltd. on December 14, 2007; hereinafter referred to as "the defendant"), which was established for the purpose of real estate sale and lease business, purchased more than 140 lots of real estate B, including the land in this case, and executed an urban development project (hereinafter referred to as "the project in this case").

B. (1) On April 16, 2004, the Plaintiff entered into a sales contract with the Heungdong Development to sell the instant land at KRW 44,170,000,000,000. The Plaintiff received each payment of the down payment of KRW 4,4170,000 for the same day from Heungdong Development, and the intermediate payment of KRW 4,417,000 on July 27, 2004.

(2) The remaining 350,360,000 won at the time of the above sales contract was to be paid within 6 months after the sales contract was concluded, and the payment of the remaining amount was to be made within 180 days after the contract was concluded, and since the above sales contract was one of the sales contract for the project site through the establishment of district unit plan, when the sales contract for the instant project site was not concluded at 100%, the payment of the remaining amount was to be made by adjusting the ownership transfer as the date when the ownership transfer was possible in connection

(3) On December 25, 2004, interest and development paid any balance under the above sales contract to the Plaintiff on March 31, 2005. If the remainder is not paid by the above date, damages for delay calculated at the rate of 7% per annum from April 17, 2004 to the full payment of the balance.

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