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(영문) 서울고등법원 2018.11.16 2018나2023696
계약금반환 및 손해배상청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 21, 2016, the Plaintiff and the Defendant concluded a sales contract with the Plaintiff (Buyer) to sell each real estate listed in the separate sheet (hereinafter “instant real estate”) to KRW 2,214,00,000 (hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.

The sales contract of this case (No. 2)

2.Article 1 of the Terms and Conditions of the Contract [Sales Price and Time] ① Seller and Buyer enter into an agreement between the seller and the buyer as follows:

The sales amount of KRW 2,214,00,000 down payment of KRW 220,000 shall be paid at the time of the contract and the balance of KRW 1,994,00,000 shall be paid on May 20, 2016.

Article 2 (Transfer of Ownership) The seller shall receive any balance of the purchase price and at the same time deliver all the documents required for the registration of transfer of ownership, and deliver the said real estate.

Article 7 (Non-performance of Obligations and Compensation for Damages) If a seller or a purchaser has defaulted on the terms and conditions of this Agreement, the other party shall be notified in writing to the person who has defaulted and the contract may be rescinded.

In addition, the parties to the contract may claim damages due to the cancellation of the contract, and the lease of damages shall be based on the compensation for damages, unless otherwise agreed.

Matters of special agreement

1. Directors of a seller shall be decided by May 20, 2016. The removal of the current warehouse is decided by the buyer, and the seller shall take the responsibility for the removal of the warehouse floor concrete, and the entire removal of the warehouse floor and the greenhouses of farmland by the seller.

2. The status of creation of a collateral security with six parcels of C Bank on the entire registered matters, or the status of creation of a collateral security with a maximum debt amount of KRW 1,235,00,000,000, on the basis of the entire certificate of the registration,

[3 to 5]

6. The area subject to a contract shall be determined by the area on public account books;

After the loss of the current 30 square meters warehouse, the seller shall cooperate in the approval documents, etc. of the warehouse, and put a photograph before and after the removal of the warehouse.

. Authorization and permission expenses;

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