매매대금반환채권
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
[Claim]
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, and it is identical to the reasoning of the judgment of the court of first instance, if it excludes additional determination of the Plaintiff’s grounds for appeal as set forth in paragraph (2). As such, it is also cited in the summary of Article 420 of the Civil Procedure Act.
The following matters shall be added to the second page of No. 4:
3) As to the Defendant’s ASEAN, the charge of fraud was applied to the charge that “The J transferred the ownership of the access road to the land of this case to the Plaintiff at the time of the conclusion of the instant sales contract, even though it did not have the intent or ability to transfer the ownership of the access road to the land of this case, and acquired it by receiving down payment and intermediate payment under the instant sales contract.” However, the charge was prosecuted (Korean Government High Court Decision 2017Da3397, Goyang397, 2018 Godan174, 2018 Godan2385, 2018 Godan2385, 2019). The Prosecutor appealed on January 9, 2019 (Korean Government District Court 2019No287, Feb. 13, 20200, which became final and conclusive as it is.
(hereinafter referred to as "relevant criminal case" when the first and second trials of the above case are referred to at the same time). The Minister of Education, Science and Technology No. 4-3-4 of the Ministry of Maritime Affairs and Fisheries shall include the number with the number of No. 2; hereinafter the same shall apply.
“B” shall include the number of heading 2 and 7, unless otherwise specified; hereinafter the same shall apply.
"I have sawed."
The 8th head of 11-12 criminal cases against the defendant's children of "the defendant's children of "the first instance court of the related criminal case". The defendant's criminal cases against the J of the defendant's children of "the High Government District Court 2017 High Court 2017 High Court 397 High Court 397, High Court 2018 High Court 174, High Court 2018 High Court 2385 (Joint).
2. Additional determination
A. The substance of the grounds for appeal by the Plaintiff is that the waiver clause of down payment stipulated in the special contract of the instant sales contract has the nature of the liquidated damages, taking into account the following circumstances: