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1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the selective claims added by this court are dismissed.
2. Appeal;
Reasons
1. In the first instance court’s trial scope, the Plaintiff filed a claim against the Defendants for a counterclaim against the Defendants that the sales contract concluded on October 30, 2017 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) between the Defendants and D was null and void. The Defendants filed a claim against the Plaintiff for a counterclaim seeking damages due to the Plaintiff’s unauthorized agent’s liability or tort liability regarding the said sales contract.
The court of first instance declared that all of the plaintiff's principal claim and the defendants' counterclaim claims were dismissed. Accordingly, since only the defendants filed an appeal regarding the counterclaim, the scope of the judgment of this court is limited to the part concerning the defendants' counterclaim claims.
2. Basic facts
A. D, as the owner of the instant real estate, prepared and executed a testamentary deed stating the testamentary gift of the instant real estate to the Plaintiff, who is his spouse, on August 31, 2012.
Land building sales contract;
1. Real estate indicated in this case;
2. Sales proceeds under Article 1 of the Terms and Conditions of Contract (Sales Prices and Time of Payment): Up to KRW 2,800,000 (up to KRW 2,00,000): Amount of KRW 2:00 million (up to January 30, 2018): The remaining amount of KRW 200,000 (up to January 30, 2018):0,000 won (up to February 28, 2018) (up to February 28, 2018) shall be notified in writing to the person who has defaulted and the other party may cancel the contract if the seller or purchaser fails to fulfill the terms and conditions of this contract.
In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.
Matters of special agreement
1. The seller and the buyer are to effect the blanket transfer and takeover of the building;
2. The seller can obtain a construction permit in the name of the seller after the receipt of the down payment.