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(영문) 광주고등법원(제주) 2019.03.27 2018나10687

매매대금반환

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1.The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings, on the images of Gap evidence Nos. 1, 2, 3, 7, and Eul evidence Nos. 1 to 17 (including the numbered ones), and on the video of Gap evidence No. 4:

On December 6, 2013, the Plaintiff entered into a contract with the Defendant to purchase the real estate listed in the separate sheet (hereinafter “instant real estate”) at a price of KRW 700 million (hereinafter “instant contract”).

The main contents of the contract concerning the contract of this case are as follows, and the part of the special agreement (attached Table) among the following contents is written in a manual, and the remaining parts are printed in a non-fluent letter:

(A) “A” is the plaintiff, “B” is the defendant, and “B” refers to the real estate of this case (the term and conditions of completion and delivery) Article 3 (Completion and Delivery Period) (1) shall complete the completion of construction within 12 months of the contract and obtain certification from the relevant government agencies (including construction and interior).

(2) B shall, after completing the completion of construction and obtaining a certification from the relevant government agency, pay the balance to be paid by A within one month, deliver and use goods meeting the following requirements and conditions:

1.The acquisition of recognized documents or authorized documents of use issued by the management sector in accordance with the laws and regulations of the region in which the property is situated.

2. The conditions shall be consistent with which water, electricity, heating, boiler, gas, telecommunications, roads, etc. are normally used;

Article 6 (Responsibility when Delivery of Contacts) (1) In addition to the special circumstances provided for in Article 3 of this Agreement, if the main goods are not delivered to A within the time limit provided for in this Agreement, it shall be dealt with differently in accordance with the name of the date of postponement.

(in no case of increasing the number of people)

2.A shall have the right to rescind this contract after a delay exceeds sixty (60) days.

A. A. This Agreement.