매매대금반환 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On November 6, 2018, the Plaintiff concluded a sales contract with the Defendant to purchase each of the real estate listed in the separate sheet owned by the Defendant (hereinafter “each of the instant land”) in the purchase price of KRW 85 million between the Defendant and the Defendant.
(hereinafter “instant sales contract”). With respect to the sale and purchase of each of the instant lands, Article 1 (Purpose) of the Real Estate Sales Contract, the seller and the buyer, by agreement, shall pay the sales price as follows:
The purchase price of KRW 85 million shall be paid at the time of the contract and the intermediate payment of KRW 30 million shall be paid on November 12, 2018, and the balance KRW 35 million shall be paid on December 20, 2018.
Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer 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 land shall be December 20, 2018.
Article 6 (Non-performance of Obligations and Compensation for Damages) If the seller or the purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.
In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.
B. Each of the instant lands is a lux, and the Defendant owned a 991 square meter and D 107 square meters adjacent thereto, Youngnam-gun, Jeonnam-gun, Seoul-gun, and a 4,507 square meter. However, some of them were used as the current state necessary for the passage of each of the instant lands.
In this regard, the plaintiff and the defendant stipulated in the sales contract of this case that "the land to be sold is the blind land so that the seller can use it as a road (it does not cause any problem in using it on the road)" on the basis of the current status of the seller.
hereinafter referred to as the “instant special agreement,” and the above.