(영문) 부산지방법원 2018.12.13 2018가합42784

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(영문) 부산지방법원 2018.12.13 2018가합42784

계약금반환채무부존재확인

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1. The sales contract concluded on March 8, 2016 between the Plaintiffs and the Defendants regarding each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On March 8, 2016, the Plaintiffs entered into a sales contract with the Defendants for the purchase price of the instant real estate with the co-owners of each real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”; and on the same day, the Plaintiffs received KRW 840,000,000 from the Defendants for the down payment (hereinafter referred to as “instant sales contract”); and on the same day, the main contents of the instant sales contract are as follows.

Article 1 (Purpose) In regard to the sale of the instant real estate, the seller and the buyer, by agreement, shall pay the purchase price as follows:

The purchase-price amount: Homan billion won ( na n.e. 840,000,000) - the down payment KRW 840,000 ( n.e., n. n. 840,000) - the balance of KRW 10,000,000 ( n.e. 7,560,000) shall be paid on January 20, 2017.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the transfer registration of ownership to the buyer at the same time as the balance of the purchase price is received, and shall cooperate with the registration procedure, and the date of delivery of the said real estate shall be January 20, 2017.

Article 5 (Cancellation of Contract) The buyer may refund the sum of the down payment to the seller before he pays the intermediate payment (if there is no intermediate payment), and the buyer may rescind this contract by giving up the down payment.

Article 6 (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 may notify in writing the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

1.In the above site, the purchaser is aware of the plan of land use planning in accordance with the land use plan.

유사 판례

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-대구지방법원 김천지원 2018.04.19 2016가단31189

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