매매대금반환
The judgment of the first instance court is modified as follows.
A. The defendant shall pay to the plaintiff KRW 12,000,000 and KRW 10,000 among them.
Basic Facts
(1) On January 22, 2019, the Plaintiff purchased KRW 991 square meters of the purchase price of KRW 35 million from the Defendant, Namyang-gun, Namyang-gun, Namyang-gun (hereinafter “instant land”). On the same day, the Plaintiff paid KRW 10 million to the Defendant on the same day, and paid KRW 25 million of the remainder by March 29, 2019 (hereinafter “instant sales contract”). The Plaintiff and the Defendant agreed that the down payment shall be deemed as the basis for compensation for damages in the event that the seller or the purchaser’s nonperformance of obligations with respect to the instant sales contract. (2) The Plaintiff and the Defendant entered into a special agreement with respect to the instant sales contract (hereinafter “instant special agreement”).
The area shall be subject to the condition that the seller conducts a survey of 991 square meters and sells it.
If the survey is conducted below the current cemetery and the result is less than 991 square meters (Gu 300 square meters) or exceeds as a result, the price per square meter shall be calculated by 116,000 won.
A seller shall remove trees so that the buyer does not interfere with the installation of a cemetery.
The cost of the basic survey shall be borne by the seller, and the cost of the divided survey shall be borne by the buyer.
(3) On April 2, 2018, the Plaintiff sent to the Defendant a certificate of content that “the contract is cancelled due to Defendant’s failure to remove trees and survey trees.”
In addition, the content certification was delivered to the defendant around that time, and on April 10, 2018, the defendant sent a proof of the same purport again to the defendant.
In addition, the content certification reached the defendant around that time.
[Ground of recognition] A did not dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, Eul's argument purport of the whole pleadings, the defendant did not perform the duty to remove trees stipulated in the special agreement of this case, and the plaintiff revoked the sales contract of this case.
Therefore, the defendant's restoration due to the cancellation of the contract to the plaintiff, ① KRW 10,000,000,000, interest thereon, delayed damage, and ② default.