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(영문) 울산지방법원 2019.01.31 2018나23186
해약금 등
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant owned the shares of 1,422.6/3,237 square meters among the shares of 374 square meters in Ulsan-gu, Ulsan-gu, Ulsan-gu C and 374 square meters, and the shares of 1,422.6/3,237 square meters in each of the instant lands (hereinafter “instant shares”). On September 5, 2016, the Plaintiff entered into a sales contract as follows (hereinafter “instant sales contract”) with the Defendant by dividing the shares of each of the instant lands into one parcel of land and then purchasing them from the Defendant for KRW 60 million, and paid KRW 30 million to the Defendant on the same day.

Real estate sales contract (land)

1. Indication of real estate - Location: Ulsan-gu C (164.4 square meters), D (1,422.6 square meters) - Area: 1,587 square meters;

2. As to the sale of the above real estate under Article 1 (Purpose) of the Terms and Conditions of the Contract, the Plaintiff and the Defendant shall pay the purchase price as follows by agreement:

- Sales amount: 60 million won - Balance: 30 million won - Any balance: 570 million won (payment on November 10, 2016) : Before the Plaintiff pays the intermediate payment (in the absence of intermediate payment, any balance) to the Defendant, the Defendant shall reimburse the down payment, and the Plaintiff may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If the plaintiff or defendant has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted 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]

4. Before the remainder, the Defendant shall combine the shares of this parcel with one parcel under his responsibility, and shall be merged into the part of the farmland on the north side into 1,587 square meters and transferred to another parcel.

5. If the Defendant fails to fulfill the conditions under Paragraph 4 by the remaining date, this Agreement will be null and void on the condition that the down payment received is returned.

The Parties.

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