계약무효확인 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
Article 3 [Extinguishment of Restricted Real Rights, etc.] If a cause exists to restrict the exercise of ownership, such as mortgage, superficies, right of lease, etc. established on the said real estate, or there is any unpaid amount of taxes, public charges and other charges, the seller shall remove the defect, burden, etc. of the said right
except in the rights and amounts agreed to succeed.
Article 5 [Cancellation of Contract] Before the buyer pays 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) Where a seller or a purchaser has defaulted on the terms and conditions of this Agreement, the other party shall be notified in writing to the person who has defaulted and the contract may be rescinded.
In addition, the parties to the contract may claim damages from the other party according to the termination of contract respectively, and the compensation for damages shall be regarded as the basis for compensation for damages, unless otherwise agreed.
The Defendants, on April 6, 2018, between the Plaintiff’s father and E, who is his/her agent and E, are not more than 8125 square meters prior to the permanent residence from the Plaintiff.
(2) The sales contract provides that the sales price shall be KRW 688,00,000 and the down payment shall be KRW 60,000 at the time of the contract, and the remainder 628,000,000 on June 5, 2018 shall be paid respectively (hereinafter “instant sales contract”).
The contract was concluded, and the main contents of the contract are as follows.
On May 24, 2018, the Plaintiff’s agent E sent to the Defendants a notice of termination of the instant sales contract to the effect that the instant sales contract will be rescinded due to the lease relationship of the instant land, and the said notice of termination was delivered to the Defendants around that time.
The Defendants, on May 25, 2018, are down payment and down payment due to the cancellation of the instant sales contract to the Plaintiff’s agent E.