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(영문) 서울고등법원 2015.03.27 2014나36193
계약금 등 반환
Text

1. The following amounts, among the parts concerning the principal lawsuit of the judgment of the court of first instance, shall be payable:

Reasons

1. The following facts are found either to be in dispute between the parties or to be recognized by each entry in Gap evidence 1 to 3, and Eul evidence 5 to 7 (including each number):

42,00,000 won of the down payment date of the purchase price, the intermediate payment of KRW 100,000,000 shall be paid in January 4, 2012, and the remainder of KRW 285,00,000 on May 31, 2012, respectively.

Article 7 (Non-performance of Obligations and Compensation for Damages) If a seller or a buyer has any default under this contract, the other party may demand in writing the person who has defaulted and rescind the contract.

Where a contract is rescinded pursuant to paragraph (1), unless there is a separate agreement, the contract deposit shall be confiscated, and where the seller has neglected the contract, the seller shall compensate for the double amount of the contract deposit.

Matters of special agreement

1. All obstacles installed and cultivated in real estate for sale and purchase shall be removed and delivered at the seller's responsibility, and any balance remaining after both parties confirm shall be paid within ten days;

(A) The remainder shall be earlier than the date of removal before the due date of the balance.

On November 23, 2011, the Plaintiff concluded a sales contract from the Defendant to purchase each land share (hereinafter referred to as “each land share listed in the separate sheet”) listed in the separate sheet (hereinafter referred to as “instant sales contract”) at KRW 427,00,000 for the purchase price (hereinafter referred to as “each land share”).

The sales contract of this case includes the following contents:

B. On November 23, 201, the Plaintiff paid each of the Defendant KRW 42,00,000 for down payment, and KRW 100,000 for intermediate payment on January 4, 2012.

C. After that, the Plaintiff prepared the remainder to the Defendant on May 29, 2012, and the Plaintiff “The Defendant received the remainder after removing obstacles installed on each of the instant land by May 31, 2012, according to the terms and conditions of the instant sales contract under Paragraph 1 (hereinafter “instant special agreement”).

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