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(영문) 부산고등법원(창원) 2013.04.19 2012나3718
매매대금반환등
Text

1. The part against the defendant in the judgment of the first instance against the defendant is revoked, and the plaintiff corresponding to that part is against the defendant C.

Reasons

1. Basic facts

A. On August 19, 2010, the Plaintiff purchased the purchase price of KRW 1,800,000,000 from the Defendant clan D 250,909 square meters (hereinafter referred to as the “instant forest”) from the Defendant clan, and paid KRW 100,000,000 among the down payment of KRW 180,000,000 on the same day, and paid KRW 80,000,000 for the remainder of the down payment by August 20, 2010, and the intermediate payment of KRW 200,000,000 for the intermediate payment shall be paid by October 19, 201 and the balance of KRW 1,420,00,000 shall be paid from the Defendant clan to pay the necessary documents for the registration of ownership transfer from the Defendant clan on January 19, 201 at the same time.

(hereinafter “instant sales contract”). B.

The Plaintiff and the Defendant clan agreed as follows at the time of the instant sales contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) Where the defendant of a clan or the plaintiff has defaulted on the terms and conditions of this Agreement, the other party may give written peremptory notice to the person who has defaulted and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract respectively, and the contract deposit shall be based on the compensation for damages, unless otherwise agreed.

Attached Form

Matters of special agreement

1. The contract shall be signed by H which is the representative of the defendant clan, and the defendant clan shall enter the articles of association of the clan, the list of the members of the clan, the list of the members of the clan (the contents of resolution on the sale of the real estate), the minutes of the clan (the contents of resolution on the sale of the real estate) - the letter of resolution that all the consenters are responsible, and ④ the certificate of the seal impression of the persons consenting to the resolution on the sale (the registration document of this case) shall be attached thereto,

At the same time, Defendant C's wife of the defendant clan guarantee the above contents.

11. The part of the access road to this land (hereinafter referred to as the “Access road to this case”) until the intermediate payment is paid.

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