(영문) 부산지방법원동부지원 2020.05.12 2019가단209644

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(영문) 부산지방법원동부지원 2020.05.12 2019가단209644

부동산매매 계약약정 무효확인

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1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

A. On July 21, 2017, the Plaintiff and the Defendant, (A) E Promotion Committee, and F Company: (a) drafted an agreement on the instant real estate as follows (hereinafter “instant agreement”).

With respect to the following indicated real estate, the seller (A) and the buyer and one other corporation (B) agree to the development of the housing construction project (hereinafter “instant housing construction project”) for the Busan Shipping Daegu G Gwon (hereinafter “instant project site”) and enter into a sales contract as follows:

The purpose of this contract is to purchase all buildings and trees on the ground located above the Plaintiff (the indication of real estate) and to promote multi-family housing construction projects (multi-family housing) by purchasing the entire real estate and the project site owned by the said indication Party A (see the land report). The purpose of this contract is to promote the construction project of multi-family housing (multi-family housing).

Article 3 (Payment Method of Sale Price) (1) A shall sell and purchase the above sale real estate (including buildings and other matters) to B, and the sale price shall be KRW 305,00,000.

(2) B shall pay the purchase price as follows:

(3) Payment of the down payment and the remainder shall be made at the time of application for approval of the remainder of the original business, which is to be made at the time of preparation of the contract at least 70% of the total amount of the contract deposit 30,500,000 won. The down payment and the remainder shall be deposited into the following accounts at each time, and where the down payment is forwarded from the F or E to his account, the receipt shall substitute for the receipt:

Article 4 (Obligation of A and B) (1) A shall submit to B all documents, etc. necessary for building authorization at the time of receiving the down payment.

(2) No Eul shall use documents submitted by Gap except for construction authorization, permission, etc.

(3) Vindication shall be the responsibility of A.

유사 판례

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-서울고등법원(춘천) 2017.11.22 2017나921

-부산지방법원 동부지원 2021.01.27 2019가합107851