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(영문) 대구고등법원 2018.11.16 2018나20232

약정금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the cited portion of the plaintiff's claim shall be revoked.

Reasons

1. Basic facts

A. C is the same as the husband of the defendant, and also the same as D.

On December 2, 2012, the Defendant purchased each land and building listed in attached Table 1 “Real Estate List” (hereinafter collectively “instant real estate”) owned by D in the real estate auction procedure and completed the registration of ownership transfer in the future of the Defendant.

At the time of January 23, 2017, the instant real estate had a building (g) through (h) including the unregistered building (g) and (h) as indicated in attached Table 2, such as an indication of “design”.

(B) At least two buildings with (h), (d) and (c) parts connected to the buildings, and (c) parts, and two or more of the buildings are chickens breeding facilities, with one mecry raising equipment, and (f) parts of the buildings have one mecry raising equipment as feed manufacturing equipment, and (g) parts of the buildings have one mecry raising equipment as mecry raising equipment.

(hereinafter referred to as "facilities of this case" in total of the above facilities

On January 23, 2017, the Plaintiff entered into a contract (Evidence A) with the Defendant to purchase the instant real estate in KRW 1.06 million (hereinafter “instant sale”) from the Defendant, and paid KRW 150 million to the Defendant on the date of the contract as down payment. The main contents of the contract are as follows.

Real estate sales contract

1. Indication of real estate: Real estate in this case;

2. Sales proceeds under Article 2 of the Terms and Conditions of Contract: 1.06 billion won: KRW 150 million shall be paid to the defendant at the same time as the contract and received: The remainder shall be paid to the defendant at the same time as the contract: KRW 910 million shall be paid on March 31, 2017 and the delivery of Article 3 of the receipt box shall be made on March 31, 2017.

Article 6. The defendant shall reimburse the amount of the down payment as penalty when the contract is terminated, and the plaintiff shall waive the down payment and not claim the return thereof at the time when the contract is terminated.

Matters of special agreement

1. The defendant shall move the domain farm in use within two years from the completion date of the registration of transfer of ownership, and the time when the domain farm is not implemented shall be between the parties.