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(영문) 광주고등법원 2019.07.05 2019나20565
계약금반환등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On April 18, 2018, the Plaintiff entered into a sales contract with the Defendant to purchase each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from the Defendant for KRW 420,000,000 (hereinafter “instant sales contract”) and paid the down payment of KRW 80,000 to the Defendant on the same day.

B. The main contents of the instant sales contract are as follows.

Real estate sales contract (Evidence A 2)

2. In the sale of the instant real estate under Article 2 of the Terms and Conditions of the Contract, the buyer is to pay the sales amount as follows:

The purchase price: 420,000,000 won: 80,000,000 won: The remainder on April 18, 2018: 340,000,000 won; and the date of payment: June 18, 2018; the seller under Article 4 of the Act on June 18, 2018 shall pay obligations related to the said real estate as of the remainder payment date, as well as taxes and public charges.

Article 5 The seller shall deliver all documents necessary for the ownership at the time of receipt of the balance and shall cooperate with the buyer in the registration of transfer.

Section 6 of this Agreement shall reimburse the seller of the down payment at the time of the down payment, and the buyer shall waive the down payment at the time of the down payment and not claim the return thereof.

3. The seller shall dispose of 8,00,000 won as of the terms and conditions of the special agreement.

The current persons with chonsegwon(H and I) are responsible for the seller.

C. At the time of the conclusion of the instant sales contract, each of the instant real estate was completed by the Defendant and the Mutual-Aid Association (hereinafter “J”) with regard to each of the instant real estate, and I (the key money for lease on a deposit basis, KRW 30,000,000, KRW 192,000,000, KRW 192,000) received on November 27, 2015, and KRW 34395, KRW 28953, around November 25, 2016, and KRW 90,000,000, KRW 30,000, KRW 200, KRW 200, KRW 200, KRW 300, KRW 200, KRW 200, KRW 200, KRW 200, each of the instant building”). The real estate listed in paragraph (3) of the attached list (hereinafter “the instant building”).

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