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(영문) 대법원 2018.05.15 2017다280432
소유권이전등기
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to whether the defendants' deposit of KRW 350 million satisfies the requirements for exercising the right of rescission

A. Review of the reasoning of the lower judgment and the record reveals the following facts.

1) On February 28, 2013, the Plaintiff entered into a contract with the Defendants to purchase each of the instant real estate amounting to KRW 1.885 million. The Plaintiff paid the remainder KRW 300 million upon entering into the contract, and paid the remainder KRW 1.5 million on March 31, 2016. (2) The Plaintiff paid KRW 50 million out of the down payment KRW 300 million on the date of the contract, and as a special agreement, paid KRW 250 million unpaid down payment to the Defendants when the instant real estate lessee orders the real estate to do so.

3. On December 24, 2015, the Defendants: (a) provided that the Defendants would refuse to receive the unpaid down payment of KRW 250 million and pay the cancellation money agreed upon by sending a written notification to the effect that the sales contract will be rescinded; and (b) on February 24, 2016, the Defendants deposited KRW 350 million in total, including the down payment of KRW 50 million and the down payment of KRW 30 million, which was already paid by the Plaintiff as the depositee.

B. The lower court determined that, as the Plaintiff, as the buyer, paid part of the down payment, and paid the Defendants, who are the seller, the money equivalent to the interest in order to give the same benefit as the payment of the down payment was actually made by the due date, the contract concluded that the contract deposit is concluded as a binding force, as at least the payment of the unpaid down payment was actually paid.

In addition, according to the contract deposit contract, the defendants can cancel the contract by paying the plaintiff the sum of the contract deposit amount of KRW 50 million which is actually paid to the plaintiff. Thus, the defendants deposited KRW 350 million with the plaintiff as the principal deposit, thereby legally cancelling the contract contract.

. Sales contract;

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