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(영문) 대법원 2015.05.28 2014다236410
위약금
Text

The judgment below is reversed, and the case is remanded to Daejeon District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. In the process of concluding the instant sales contract on July 15, 2013, the lower court: (a) prepared a sales contract with the purchase price of KRW 1550 million at the time of the conclusion of the instant sales contract; (b) stated the Plaintiff’s demand for reduction of the Plaintiff’s purchase price in an additional statement that “50 million won shall be deducted; (c) the Defendant also demanded the Plaintiff to prepare a multilateral contract with the content that the purchase price shall be KRW 74 million; and (d) stated an additional statement that “the Plaintiff shall register the purchase price at KRW 74 million” in the sales contract; (c) on the grounds that the Plaintiff did not complete the instant sales contract with the Defendant’s duty to receive any balance that the Defendant prepared and intended to register the transfer of ownership; and (d) determined that the Plaintiff would not have any significant burden on the Plaintiff at the time of signing the sales contract with the intent to enter into the instant special agreement to cancel the sales contract; and (d) stated that the Plaintiff would not be subject to reduction of the Plaintiff’s ownership at the time of the instant contract.

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