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(영문) 대전고등법원 2018.11.29 2018나11891
약정금
Text

1. All appeals filed by the plaintiffs are dismissed.

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

Purport of claim and appeal

1.

Reasons

Facts of recognition

The Plaintiffs are the land indicated below and the land indicated under the table (as regards 1,3,4,5, and 6 forest Nos. 1,3, 4, 5, and 6 among them, the Plaintiffs are the 31,253 square meters of H forest land in Daejeon-gu Daejeon District before subdivision on March 26, 2015 (hereinafter “H forest land before subdivision”).

A) The sales contract was concluded with regard to the purchase price as the total sum of KRW 4 billion and the seller’s capital gains tax for the purchase of the pertinent land (hereinafter referred to as “instant land,” and the individual land is referred to as “the total sum of KRW 4 billion and the seller’s capital gains tax”).

The Plaintiffs, on October 15, 2012, sold KRW 155 square meters (3.5 billion) out of the instant land to N around October 15, 2012, KRW 155 square meters (1,994 square meters among the relevant land) to N around 15, 2012, KRW 1,155 square meters (3.50 square meters) among the land in this case (the part on the 1,994 square meters among the Daejeon Seo-gu U.S. O. O. O.), and around that time, KRW 1,155 square meters (3.5 million) among the down payment and intermediate payment of KRW 175 million.

On January 23, 2015, the Plaintiffs, by designating them as their agent in the instant door, sold to P (the contracting name in the name of P) KRW 530 million and KRW 516 million, respectively, of H forest land in KRW 877 square meters (the part A with a map indicated) and KRW 877 square meters (the part B with a map indicated) prior to the division to P, and received down payment of KRW 150 million on January 23, 2015 and KRW 70 million on January 29, 2015.

The Plaintiffs paid only KRW 330 million, which is a part of the down payment, to the instant text, and could not pay any balance. On January 30, 2015, the Plaintiffs entered into a modified agreement with the instant text, stipulating that the purchase price for the instant land shall be increased to KRW 6.3 billion, but when the land area was changed after division, the Plaintiffs paid the down payment KRW 630 million on the same day.

However, the Plaintiffs failed to pay the balance 5.67 billion won on May 30, 2015, which is the remainder payment date under the modified contract.

Ultimately, on May 30, 2015, Plaintiff A is the instant case.

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