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(영문) 서울남부지방법원 2015.01.22 2014나10095
매매대금반환 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. Basic facts

A. On June 15, 2013, Plaintiff A entered into a sales contract with the Defendant with respect to D Apartment 111 Dong 101-dong 101, Defendant-owned, Gwangju-si (the date of the contract, the amount of KRW 189 million is KRW 5 million, the amount of the second down payment is KRW 5 million until June 29, 2013, and the remainder KRW 179 million until September 15, 2013).

B. Although Plaintiff A paid the remainder amount of KRW 10 million to the Defendant, the Plaintiff failed to prepare the remainder by the date of the remainder payment, and requested the Defendant to change the contract into another floor when requesting the extension of the remainder payment.

C. On September 23, 2013, the Plaintiffs entered into a sales contract (hereinafter “the instant sales contract”) with the Defendant on September 23, 2013 (Provided, That the agreement entered as of June 15, 2013, the first contract date), with respect to the purchase price of KRW 1888,00,000 (the contract deposit payment of KRW 10,000,000,000 is the date of the first sales contract) with respect to the D apartment 111-dong 401, Dong-si, Gwangju (hereinafter “instant real estate”).

However, the Plaintiffs did not pay the remainder by the due date, and the Defendant notified the Plaintiffs of the cancellation of the instant sales contract on October 28, 2013.

(2) Article 5 of the sales contract of this case provides that "The seller may unilaterally rescind the contract without any peremptory notice to the buyer in the event that the buyer fails to perform this contract)." [The grounds for recognition] of absence of dispute, Gap evidence 2, Eul evidence 1, Eul evidence 2-1 and Eul evidence 2-1 and Eul evidence 2-2, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. The Plaintiffs asserted that the instant sales contract was concluded without confirming the real estate of the same first floor and the structure with the same fourth floor when they contracted the real estate of the first floor and changed to the fourth floor, and confirmed that the entire real estate of the instant case was in existence after paying the down payment.

Even though the real estate of this case is a residential place, it is completely grave.

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