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(영문) 대전지방법원천안지원 2017.07.19 2016가단112248
매매계약무효확인 등
Text

1. A sales contract between the Plaintiff and the Defendant for three parcels, 36,830 square meters, e.g., Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, which was concluded on February 4, 2016.

Reasons

1. Basic facts

A. On February 4, 2016, the Plaintiff entered into a sales contract with the Defendant with the amount of KRW 80,000,000 for the total of four parcels, including the Dong-gu, Chungcheongnam-gu, Dong-gu, Seoul (hereinafter “instant land”) owned by the Plaintiff, with respect to KRW 36,830 square meters.

(2) The Plaintiff agreed that KRW 30,000,000 for the first intermediate payment of KRW 70,000 for the first intermediate payment of KRW 70,000 for the second intermediate payment of KRW 50,000 for the second intermediate payment of KRW 500,000 for the second intermediate payment of KRW 50,000 for the second intermediate payment of KRW 20,000 for the second intermediate payment of the instant land as collateral from a financial institution until February 29, 2016 for the loan from a financial institution on the instant land and to pay the remainder of KRW 200,000 for the loan from the financial institution after the scheduled date of completion of the building (date of completion of the building), while the Plaintiff actively cooperates in all business necessary for obtaining permission from the competent government agency, and agreed to pay the intermediate payment at the time of the second intermediate payment to the Defendant.

Accordingly, the defendant paid 30,000,000 won on the contract date.

B. On April 25, 2016, the Defendant violated the agreement to pay the Plaintiff an intermediate payment of KRW 570,000,000 (i.e., KRW 70,000,000) to the Plaintiff up to February 28, 2016 under the instant sales contract, and each of the following violations of all oral commitments on several occasions thereafter, and the instant sales contract should be implemented by May 30, 2016 (in light of the content of the instant sales contract and the developments leading up to the said agreement, this appears to mean “a loan granted from a financial institution as security” or “a loan granted from a financial institution for the purpose of paying an intermediate payment,” and the Defendant’s liability if such violation is committed.

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