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(영문) 서울고등법원 2014.12.19 2014나6376
매매대금반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons stated in this case by the court of the first instance, including the defendant's assertion that the defendant added or renewed in the trial, shall be deemed to read " March 8, 2013" as " March 7, 2013" and the portion "B" from March 6 through 8, 2013 to 16 of the first instance judgment is the same as the reasons stated in the first instance judgment, and thus, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is, in addition to the use of "B" as follows.

2. Parts to be dried;

B. On December 2007, the Defendant’s assertion 1) F&D Group Co., Ltd. (hereinafter “P&D Group”) acquired the status of P&D housing in the instant project or entered into a new contract to purchase the instant real estate jointly with the Defendant on December 18, 2007, by taking over the status of the purchaser under the instant sales contract of P&D group.

The Defendant, after the lapse of May 30, 2005, was the date of the payment of the agreed intermediate payment, did not pay the purchase price on February 21, 201, and on February 23, 201, respectively, in a case where the purchase price is not paid to the P&D group on February 21, 201, and the gardening industry on February 23, 201, without any separate notice.

“The instant sales contract was cancelled due to a cause attributable to the buyer at that time, and the Defendant’s down payment amount was confiscated as prescribed by the instant sales contract and reverted to the Defendant.

B) On the other hand, on December 18, 2007, the instant sales contract was invalidated by concluding a new sales contract on the instant real estate by the gardening industry, P&D group, and the Defendant. Therefore, the Plaintiff’s claim premised on the validity of the instant sales contract is without merit) the gardening industry concluded a new sales contract as above.

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