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(영문) 서울중앙지방법원 2017.08.04 2016나85127
계약금청구
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged in full view of the following facts: Gap evidence 1-1-3, Eul evidence 3-6, Eul evidence 1-2, Eul evidence 3-1, Eul evidence 3-2, Eul evidence 4-2, Eul evidence 5, Eul evidence 6-9-1, 2-2, Eul evidence 6-2, Eul evidence 24, and Eul evidence E's testimony of the court of first instance.

On September 26, 2014, the Plaintiff entered into a sales contract with G to purchase each of the real estate listed in the separate sheet (hereinafter “instant real estate”) in which the Defendants jointly share one-half shares with the Defendants, respectively, from the Defendants, for KRW 2,100,00,000. However, the Defendants notified the Plaintiff of the cancellation of the said sales contract on December 10, 2014, if the Plaintiff’s side did not pay the intermediate payment by the due date.

B. On March 20, 2015, the Plaintiff entered into a sales contract with the Defendants (a seller column of a sales contract stating the name, address, resident registration number, and telephone number of Defendant B, and the name and resident registration number of Defendant C in the joint name column) to purchase the instant real estate from the Defendants (hereinafter “instant sales contract”). The relevant parts are as follows.

On the other hand, in concluding the contract of this case, the plaintiff side D, the father of the plaintiff, and the defendant B, the husband, led the process.

Article 1. The intermediate payment of KRW 100,000,000 on the date of the contract deposit of KRW 1,000,000 on April 30, 2015: (a) The seller shall pay to the seller the outstanding payment of KRW 1,900,000,000 on April 30, 2015 [Cancellation of the contract] Article 5 [In cases where the buyer delivers to the seller money or goods under the name of the contract deposit or deposit at the time of the contract, unless otherwise agreed, until the intermediate payment (if there is no intermediate payment, the balance) is paid, and the buyer may waive the contract deposit and rescind this contract.

Article 6 [Non-performance of Obligations and Compensation for Damages] Seller.

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