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(영문) 대구고등법원 2017.12.08 2016나1046

계약금반환

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 1, 2011, the Plaintiff is running a manufacturing business after completing business registration with the trade name “G”.

B. On May 20, 2015, the Plaintiff entered into a sales contract with H, on behalf of the Defendant, with the content that the Plaintiff purchases from the Defendant the land listed in the separate sheet of land owned by the Defendant (hereinafter “instant land”) for KRW 1,250,000,000 (Evidence A; hereinafter “instant contract”) as follows.

With respect to the sale of real estate (Evidence A) under Article 1(1) of the Real Estate Sales Contract (Evidence A), the Defendant and the Plaintiff shall pay the purchase price by agreement as follows:

The remainder of KRW 1.050,000,000 for the down payment of KRW 1,250,000,000 shall be paid in July 15, 2015, which is paid at the time of the contract.

Article 2 (Transfer, etc. of Ownership) The defendant shall deliver all documents necessary for the transfer registration of ownership to the plaintiff at the same time as the balance of the purchase price is received, and shall cooperate with the registration procedure, and the delivery date of the said real estate shall be July 15, 2015.

Article 3 (Extinguishment of Restricted Real Rights, etc.) The defendant shall remove the defects and burdens of the rights and transfer the full ownership to the plaintiff by reason of restricting the exercise of ownership, such as the mortgage and the right to lease established on the above real estate, or if there is any unpaid tax, public dues and other charges,

Article 6 (Cancellation of Contract) If the defendant or the plaintiff has failed to perform any of the terms and conditions of this contract, the other party may notify in writing the person who has failed to perform such contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party according to the termination of contract respectively, and the contract deposit shall be deemed to be the basis for compensation for damages, unless otherwise agreed.

Matters of special agreement

1. The present contract shall be confirmed by the certificate of registered matters and entered into a contract. Provisional attachment (gold 94,216,270) and collateral security (gold 1,410,000,000) shall be any balance.