매매계약금반환 및 위약금
1. The plaintiff's main claim and the conjunctive claim that are changed in exchange at the trial are all dismissed.
2...
1. Basic facts
A. The 35,702 square meters (around 10,800 square meters, hereinafter “the forest before the instant division”) of D forest land in Jeonju-gun, Jeonju-gun was registered as owned by the deceased C (hereinafter “the deceased”). The deceased died on October 24, 197.
At the time, the deceased’s heir had wife E and the Defendants, F, and G, who were wife E and children, and due to the death of E, the Defendants, F, and G jointly inherited the forest land before the instant division.
B. On July 2, 2013, the Plaintiff and H concluded a sales contract with the Defendants (hereinafter “instant sales contract”).
The subject matter of sale: approximately 8,486 of approximately 10,80 forest land in the instant case before the instant division (the area corresponding to approximately 11/14 of the entire area is high, and the inheritance shares of the Defendants except F and G inheritance are calculated as 11/14, and the above area is deemed to be subject to sale and purchase: The buyer of the Defendants: the Plaintiff, H and 2 purchase price: 42,430,000 won (per 50,000 won); the down payment of approximately 43,00,000 won on the date of the contract; the remainder of KRW 38,130,00 won on the date of August 2, 2013; the seller, while receiving the remainder of the purchase price and providing all necessary documents to the buyer for the registration of ownership transfer, and the delivery date of the said real estate shall be the date of registration in 2013.
Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.
Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.
In addition, the parties to the contract may claim the other party for the compensation for damages arising from the cancellation of the contract, and the down payment shall be compensated unless otherwise agreed.