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(영문) 청주지방법원 2014.07.24 2013가합4385
계약해지통보 및 손해배상
Text

1. The Defendant’s KRW 12,00,000 for each of the Plaintiff A and C, and 5% per annum from February 14, 2014 to March 31, 2014.

Reasons

1. Basic facts

A. On November 30, 2012, Plaintiff A and C entered into a sales contract with the Defendant to sell a 3306 square meters of forest E and forest 3306 square meters of forest land (hereinafter “each of the instant real estate”) to the Defendant (hereinafter “instant sales contract”), and the sales price shall be KRW 440,000,000, and the down payment shall be KRW 20,000,000,000 on the date of the contract, the remainder of KRW 420,000,000,000, on the date of the contract, shall be paid within 15 days after obtaining permission for development under the name of Plaintiff A and C, and the following matters are stipulated under a special agreement.

1. The seller shall cancel the creation of a right to collateral security on the register date of the balance;

2. The seller shall give the buyer his consent to the use of the land necessary for his permission to the buyer with respect to the Heak-gu Seoul Metropolitan City G.

(Road 4-6 square meters). 3. Payment of a balance within 15 days after obtaining permission for development under the name of a seller (Provided, That the buyer prior to the payment of the balance agrees to perform civil works) and this contract shall be null and void at the time of the payment of the balance, and the right of permission shall belong to the seller.

4. Documents concerning transfer of ownership after the payment of the trade balance shall be granted to persons designated by the purchaser;

5. A seller shall furnish all the documents necessary for a development permit and bear the costs required for a development permit at the buyer's expense.

(including the written consent of the Mayor of the child-care center). 6. Seller's transfer tax shall be paid within the limit of two million won (the buyer of the city shall be borne by the first cost of the city).

7. In the event of failure to comply with the above special agreement, the buyer shall compensate the other party for 10% of the purchase price.

8. Attachment of a drawing for consent to land use;

9. In the event that no permission for development is granted, this Agreement shall become null and void without any condition.

(not penalty). (b)

Plaintiff

A and C obtained a building permit for Class I neighborhood living facilities (retail stores) for each of the instant real estate on May 31, 2013 according to the instant sales contract. The Defendant failed to pay the remainder by June 15, 2013, which was 15 days after the said contract was concluded. The Plaintiff and C entered into a contract with the Defendant on July 15, 2013.

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