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(영문) 서울고등법원 2018.11.08 2018나2007441
매매대금반환
Text

1. The judgment of the first instance, including the claims added by this court, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. On May 27, 2015, the Plaintiff entered into a real estate sales contract (hereinafter “instant sales contract”) with the Defendant with the content that the Plaintiff would purchase the purchase price of KRW 1.5 billion (the contract amount of KRW 30 million, the balance of KRW 1.2 billion), and the remainder payment date of KRW 1.5 billion, with the content that the Plaintiff would purchase the forest and fields C 29,752 square meters (hereinafter “instant land”).

The provisions of the above sales contract relating to the instant case are as follows:

7. Until the plaintiff pays the intermediate payment (if there is no intermediate payment, the defendant shall pay a double amount of the down payment, and the plaintiff may waive the down payment and rescind the sales contract.

8. (1) In the event of a failure to perform this contract to the defendant or the plaintiff, the other party shall notify the non-performance to the defendant or the plaintiff and the contract may be rescinded if the non-performance is not performed.

(2) Where a contract is terminated pursuant to paragraph (1), the parties to the contract shall be deemed an estimate for compensation for damage, unless otherwise agreed on the compensation for damage arising from the cancellation of contract

[Matters of Special Agreement]

1. Of down to KRW 300 million, gold KRW 100 million shall be paid on the date of the contract, and the remainder KRW 200 million shall be paid up to 14:00 on June 2, 2015.

2. If the Plaintiff fails to pay KRW 200 million out of the down payment as above (on June 2, 2015, 14:00) or fails to pay the said down payment, the said contract shall be confiscated by the Defendant.

B. The Plaintiff paid the Defendant the full amount of KRW 300 million for the down payment under the instant sales contract by June 3, 2015, but failed to pay the remainder KRW 1.2 billion until July 27, 2015, which is the remainder payment date stipulated in the said contract.

On September 27, 2016, the Defendant sent to the Plaintiff a content-certified mail to the effect that the sales contract of this case was terminated due to delay in payment of the remainder, and around that time, the content-certified mail to the Plaintiff.

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