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(영문) 서울고등법원 2018.06.14 2018나2011655
매매대금반환
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1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

Basic Facts

The Defendants, who entered into a real estate sales contract between the Plaintiff and the Defendants, are co-owners of Pyeongtaek-si D. 513.7 square meters, its ground reinforced concrete structure, cement brick structure, accommodation facilities, and amusement facilities (hereinafter “instant real estate”). On March 18, 2016, Defendant C created a collateral security (hereinafter “instant loan”) with a maximum debt amount of KRW 2.14 billion from a new bank, a stock company (hereinafter “new bank”) as collateral of the instant real estate, with a loan of KRW 2.14 billion from the new bank (hereinafter “new bank”).

On September 23, 2016, the Plaintiff entered into a sales contract with the Defendants to purchase the instant real estate in KRW 3.55 billion (hereinafter “instant sales contract”) as a broker of the E Licensed Real Estate Agent Office F, and the main contents thereof are as follows.

2. As to the sale of the above real estate under Article 1 (Purpose) of the Terms and Conditions of the Contract, the Defendants and the Plaintiff shall pay the purchase price as follows by agreement.

The purchase price of KRW 3,50,000 shall be paid at the time of the contract and the intermediate payment of KRW 300,000,000 shall be paid at the time of the contract and paid at October 28, 2016.

Any balance of KRW 2,950,000,000 shall be paid on November 29, 2016.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or a 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 from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Matters of special agreement

1. A contract which is a current state sales contract and is concluded after a certificate of registered matters, a land use plan, a building register attached to it and an on-site return;

3. Any balance of taxes, public charges, and security deposit for rental deposit: KRW 200,000/rent 17,000,000; and

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