손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence Nos. 1, 2, 3, and 8 and the purport of the entire pleadings:
On July 11, 2014, the Defendants concluded the following sales contract (hereinafter “instant sales contract”) with the Plaintiff on the instant land.
On the same day, the Plaintiff paid 31 million won the down payment to the Defendants.
The purchase price of the instant land shall be KRW 310 million, but the down payment of KRW 31 million shall be paid at the time of the contract, the intermediate payment of KRW 80 million shall be paid on July 28, 2014, and the balance of KRW 199 million shall be paid on September 17, 2014.
The Defendants receive the balance of the purchase price and, at the same time, deliver documents necessary for the registration of transfer of ownership and cooperate in the registration procedure, and deliver the instant land to September 17, 2014.
[Matters of Special Agreement]
1. Where the grounds for restriction on rights arise before the completion of the transfer registration of ownership after the conclusion of the contract and the resolution is impossible until the remainder payment date of the Plaintiff, the Plaintiff may rescind the contract. In this case, the Defendants shall immediately refund the amount already paid to the Plaintiff, and shall compensate for 10% of the sales amount separately.
(2) Matters not stated in this Agreement shall be governed by the provisions of the Civil Act and the general practices.
3. Where the Plaintiff had documents necessary for development activities before the payment of the remainder, the Defendants shall actively cooperate after the intermediate payment.
In addition, the Plaintiff is fully responsible for the occurrence of unfavorable matters against the Defendants.
B. On July 28, 2014, the Plaintiff paid the Defendants an intermediate payment of KRW 80 million to the instant sales contract.
C. The Plaintiff sent a text message to the Defendants on September 23, 2014, stating that “I will proceed in accordance with the terms and conditions of the instant sales contract,” and on September 24, 2014, “I will transfer the registration.”