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(영문) 서울고등법원 2020.05.14 2019나2006728

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

Facts of recognition

The reasons to be stated in this part are as follows, given that the reasoning of this Court is the same as “1. Recognition” for the reasons of the judgment of the first instance, except for the dismissal or addition as follows, it shall be accepted by including the abbreviation pursuant to the main sentence of Article 420 of the Civil Procedure Act

The second page 9’s “Re-mortgage” (hereinafter “Re-mortgage”) is added to the “Re-mortgage 1,00,000,000” and the “Plaintiff and Defendant,” respectively, by January 10, 2018.

The contents of the second page shall be written in accordance with the following:

- until December 15, 2017, the seller is scheduled to receive completion and to ensure that all generations can move in within two months after completion does not interfere with the buyer’s lease plan. If the date of completion of construction is delayed in accordance with the climate conditions, etc. and the lease problem arises, the seller cannot be held liable to the buyer for any delay in the remainder.

- Most of the remainder of the buyer's balance will be appropriated as a deposit of a new lessee, and at this time, the power to conclude a lease contract will be granted to the buyer

Provided, That deposit shall be deposited into the seller's account before the balance is settled.

- The seller has entered into a contract with the seller on the terms and conditions of the buyer and the seller has to pay the intermediary remuneration to the seller. If the buyer does not have any lease on a deposit basis contrary to the anticipated terms and conditions, the buyer may delay the outstanding payment date.

- By dividing studio for each floor from 2 to 6 floors into 4, one room is to construct a studio after completion for rental purposes of the buyer.

- Subject to the condition that the buyer succeeds to the right to collateral security established on the subject matter, and whether to succeed or cancel the right shall be confirmed by definite answer from the purchaser one month prior to the payment of the balance.

- The balance date may be changed upon agreement and the taxes and public charges shall be settled on the basis of the balance date.

- The seller shall cause damage to the buyer due to delay of construction until the remainder.