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(영문) 청주지방법원 2019.06.05 2018가합5659
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

The Plaintiff is the owner of 1408 square meters (hereinafter “instant land”) prior to Seo-gu, Seo-gu, Seo-gu, Seo-gu, and the Defendant is a company that promotes an urban development project of “F District” (hereinafter “instant urban development project”) in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul (hereinafter “E”) along with E Co., Ltd.

On February 15, 2006, the Plaintiff entered into a sales contract with E to sell the instant land, which is part of the prospective site for the instant urban development project (hereinafter “instant sales contract”). The main contents of the sales contract are as follows.

A sale and purchase contract for land (hereinafter referred to as “A”) and a purchaser E representative director G and one other (hereinafter referred to as “B”) shall conclude a sale and purchase contract for the instant land (hereinafter referred to as “contract”) as follows:

Article 1 (Purpose) Contracts are to purchase land A and to carry out the development projects under the Urban Development Act, and the Party A shall actively cooperate for the smooth promotion of the projects of Party B.

The criteria for interpretation of contracts shall be in accordance with this purpose.

Article 3 (Sales Price and Time of Payment) (1) The sale price shall be KRW 579,360,000.

(2) The sale price shall be paid as follows:

- down payment of KRW 57,936,00: Payment within seven days after consent of 70% of the total site - Payment of KRW 521,424,00: Payment within seven days after the designation of the district (such as transfer of ownership) ① Payment of KRW 4 (Transfer, etc. of Ownership) shall be made simultaneously with the receipt of any balance, and the transfer of ownership shall be made to the contractor designated by Section B as the defendant.

(3) A shall immediately issue a written consent to land use, consent to urban development, certificate of seal impression, etc. necessary for authorization and permission related to the development project of B at the time of receiving down payment from B or even thereafter.

Article 6 (Cancellation, etc. of Contracts) A and B shall not rescind a contract.

Provided, That after the conclusion of a contract, public development plans, such as land expropriation, etc. of the government or public institutions shall be made.

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