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(영문) 서울고등법원 2018.10.23 2018나2010270
계약금반환등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The sales contract of this case in fact;

2. Sales proceeds: 1,250,000,000 - Contract deposit: 100,000,000 (payment and receipt at the time of a contract) - The intermediate payment: 200,000,000 won (payment on May 15, 2017) - The remainder: 560,000,000 won (payment on June 8, 2017): The loan - Article 5 [Cancellation of a contract] 390,00,000 won (Succession at present) for the seller until the buyer pays the intermediate payment (payment at present) to the seller, the buyer may waive the down payment and cancel this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall be notified in writing to the person who has defaulted and the contract may be rescinded.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be based on the compensation for damages, unless otherwise agreed.

Special agreement - The sale contract after the on-site verification is made under the present facilities - The registered collateral security will be succeeded to on the balance date.

- The current lease deposit out of the purchase price shall be deducted from any balance, and the current lease contract shall be succeeded to by the purchaser.

- The maximum maximum debt amount of the collateral shall be settled and succeeded to.

On April 22, 2017, the Plaintiff (Buyer) concluded the instant sales contract with the Defendant (seller) with respect to the land and the ground buildings in Gangdong-gu Seoul Metropolitan Government E (hereinafter “instant building”), and with respect to each of the instant real estate, including the said land and the said land, as follows:

Co-Defendant C (hereinafter “C”) of the first instance trial and Co-Defendant D (hereinafter “D”) of the first instance trial jointly arranged the instant sales contract as a licensed real estate agent.

B. The Plaintiff responded to the FF association, the mortgagee of the instant real estate, that it is impossible to succeed to the secured debt from the FF association, which is the right to collateral security regarding each of the instant real estate.

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