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(영문) 서울고등법원 2019.12.20 2018나2073875
토지인도
Text

1. Of the part concerning the counterclaim in the judgment of the court of first instance, the amount equivalent to the following amount ordered to be paid.

Reasons

1. Basic facts

A. On November 5, 2015, the Plaintiff obtained a building permit to set up 19 units of detached houses on each ground on the land listed in the separate sheet No. 1 attached hereto from the Suwon-si District.

B. On May 27, 2016, the Plaintiff entered into a sales contract with the Defendant on the land specified in attached Table 1 List 1 (hereinafter referred to as “land 1”), which is owned by the Plaintiff, at KRW 2.625 billion; KRW 500 million on the date of the contract; KRW 200 million on the date of the contract; KRW 200 million on August 29, 2016; KRW 300 million on the second medium medium medium medium-sized KRW 300 million on October 24, 2016; and KRW 1.625 million on the remainder as of January 15, 2017 (hereinafter referred to as “first sales contract”); and the Plaintiff changed the name of the owner of the building upon receipt of the remainder.

The Defendant paid to the Plaintiff the remainder KRW 100 million among the down payment on the day of the contract, July 15, 2016, and KRW 200 million among the down payment, respectively, on August 29, 2016.

C. The land listed in Attachment 1 List 2 (hereinafter “Attachment 2”) is owned by the Plaintiff, L, E, M, N, D, andO.

On September 1, 2016, the Plaintiff and E, and D have the following: (a) the Plaintiff’s share in the second land (if the Plaintiff’s share is converted into the area of each person’s share, approximately 1,013 square meters in total; (b) approximately 728 square meters in E’s share; and (c) approximately 505 square meters in D’s share; (b) KRW 246 square meters in total; and (c) KRW 150 million in down payment; and (d) KRW 150 million in contract date and intermediate payment; and (e) KRW 810 million in total payment on December 20, 2016; and (e) the remainder payment was made by changing the name of the owner on May 20, 2017.

On September 5, 2016, the Defendant paid the down payment of KRW 150 million to the Plaintiff.

Part of the matters related to this case among the matters of Article 5 and the special agreement attached in the first and second sales contracts shall be as follows:

Article 5 (Cancellation of Contracts) A sales contract shall not be rescinded unless the buyer violates the contract.

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