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(영문) 서울고등법원 2015.11.19 2015나993

약정금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

Basic Facts

The indication of real estate in the contract for the sale of Class II neighborhood living facilities of Yeongdeungpo-gu: On November 30, 201, Article 1 (Supply Price and Payment Method) of Yeongdeungpo-gu (including value-added tax) for the first floor underground, 8 floor above ground, and 28 unit completion of the contract for the sale of Class II neighborhood living facilities of Yeongdeungpo-gu Seoul Metropolitan Government: On November 30, 201, the supply price of KRW 1,560,000 (including value-added tax) for the down payment and the intermediate payment (on November 30, 2011), KRW 200,000 for the remainder (on November 30, 2011, the scheduled date of completion) for the remainder of KRW 1,360,000,000 for the remainder of KRW 1,360,000,000 for the Plaintiff’s activities falling under any of the following subparagraphs, the Defendant may cancel this

(2) The plaintiff may rescind this contract by himself, in case of his own circumstances.

However, after the intermediate payment has been paid, it is limited to cases recognized by the defendant.

(3) The Plaintiff may rescind this contract where it is impossible to move into within 15 days from the scheduled date of move into due to the Defendant’s fault.

On May 6, 2011, the Plaintiff and the Defendant concluded a sales contract with respect to the building of the first basement and the eightth floor above ground (hereinafter “instant building”) that the Defendant is scheduled to newly construct in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant sales contract”), and the main contents thereof are as follows:

The instant building was not completed until November 30, 201.

As of December 2, 2011, “A” signed a sales contract on May 6, 201 with respect to the instant real estate under the Defendant’s name, with a payment undertaking as follows, but it is difficult to complete the contract at the balance date, and the contract breach is due to the relationship which requires considerable time until the completion date, thereby compensating for damages of KRW 150,000,000, in addition to the down payment and the intermediate payment, KRW 350,000,000 in total, in addition to the down payment and the intermediate payment, will be paid under the following conditions:

1. Date of payment: