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(영문) 대구고등법원 2015.07.01 2014나22506
매매대금반환
Text

1. Of the judgment of the court of first instance, the part concerning the conjunctive claim is modified as follows.

The defendant is against the plaintiffs.

Reasons

1. The part concerning the main claim in the judgment of the court of first instance among the scope of the judgment of the court of first instance is excluded from the object of the judgment of the court of first instance as the plaintiffs who lost the court of first instance did not appeal, and only the part concerning the conjunctive claim in the judgment of the court of first instance (request for registration of ownership transfer) against the defendant

2. The following facts are either in dispute between the parties or in accordance with the purport of Gap evidence Nos. 1, 2, 4, 7, and Eul evidence Nos. 2, 4, and 6 (including branch numbers if they are not specially indicated; hereinafter the same shall apply), as a whole, and there is no counter-proof.

1) On November 10, 2003, the Plaintiffs are the parties to a sales contract, and each of the real estate listed in the separate sheet (hereinafter referred to as “second real estate”) as the Defendant’s agent.

As to the sales contract, the following terms and conditions were entered into. The sales amount and payment method under Article 2 (Sales Price, etc.) shall be determined as follows: (i) the sales amount shall be KRW 460,000,000.

2) The contract deposit shall be 50,000,000 won, payable to the seller at the same time as this contract is executed by the buyer. 3) The intermediate payment shall be payable to the seller at 200,000,000 won, and the buyer shall be payable to the seller on November 28, 2003.

4) Any balance shall be paid in 210,000,000 won to the seller by January 10, 2004. The seller under Article 4 (Registration, etc. of Ownership) shall provide the buyer or any person designated by him/her with all the documents concerning the delivery of the goods to be sold and the registration of transfer of ownership through simultaneous performance, in which the buyer has received the full payment of the purchase price from the buyer, and shall cooperate with the procedure for registration of transfer of ownership. Article 5 (Liability of the Seller) 1) If there is any defect impeding the buyer’s exercise of rights such as mortgage, superficies, easement, lien, lien, establishment of lease and other complete exercise of ownership, the seller shall be liable to pay taxes, taxes, and other charges.

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