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(영문) 부산지방법원 2020.08.19 2019가합51228

매매계약무효확인

Text

On December 21, 2016, the sales contract between the plaintiff and the defendant on the real estate stated in the attached list was cancelled.

Reasons

1. Basic facts

A. The Plaintiff, as the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), filed a lawsuit against the owner and occupant of the instant real estate building as the Busan District Court 2008Gahap17413, and was sentenced to the Plaintiff’s winning judgment on August 12, 2009. The said judgment became final and conclusive on January 201, 201 through the appellate court.

B. The Plaintiff and the seller agree to pay the sales price for the sale of the pertinent real estate as follows by agreement.

An intermediate payment: The payment shall be substituted by the prepayment of the deposited money for the removal of a building on the ground.

Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If the seller or the purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim damages for the cancellation of the contract respectively to the other party, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed.

The removal of building occupant under the special agreement shall be completed under the responsibility of the seller, and the authority to leave shall be delegated to C.

Where the contract cannot be executed due to the impossibility of eviction, the sales contract shall be cancelled, and the seller shall refund the down payment to the purchaser.

Interest on the returned down payment shall be exempted.

The period of eviction execution shall not exceed eight months.

On December 21, 2016, the Defendant entered into a contract to sell the instant real estate in KRW 1.1 billion (hereinafter “instant contract”) and received KRW 110,00,000 as down payment from the Defendant.

The contract of this case.