(영문) 인천지방법원 2019.11.08 2018나69243

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(영문) 인천지방법원 2019.11.08 2018나69243

손해배상(기)

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The intermediate payment of KRW 1,360,000 for the purchase price of KRW 30,000 for the intermediate payment of KRW 106,000 for the purchase price recognized: The remainder of KRW 106,000 (payment on January 15, 2018): 1,224,000,000 for the purchase price (payment on February 26, 2018) shall be repaid by the seller until the buyer pays the intermediate payment (payment on February 26, 2018) to the seller, and the buyer may waive this contract by giving up the down down the down payment.

Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or 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 cancel 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 seller shall register cancellation of a provisional registration (E) and attachment on the current certificate of registered matters before the date of payment of part payments is made;

2. By the end of the balance, the current tenant will be named as the seller on his own responsibility and the waste, such as containers and temporary things placed on the land, will be removed without any change.

On December 11, 2017, the Plaintiff concluded a contract with the Defendant to purchase the land of the Nam-gu Incheon Metropolitan City C and D (hereinafter “instant land”) owned by the Defendant (hereinafter “instant contract”) and paid KRW 30,000,000 as the down payment.

The main contents of the above sales contract are as follows:

B. On January 3, 2018, the Defendant sent to the Plaintiff a certificate of content of “the notice of cancellation of a sales contract”, and the said certificate of content is difficult to reach an agreement with the heir due to the death of the person having the provisional registration right E, and the present lessee is refusing to remove waste, etc. by February 26, 2018. As such, the instant contract is implemented.

유사 판례

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