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(영문) 대전고등법원(청주) 2020.12.08 2019나3340
매매대금반환
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant (Appointed Party) and the appointed parties shall each serve as the Plaintiff 42,500.

Reasons

1. Basic facts

A. The Defendant is the owner and the selector of the land listed in the attached Table 1 (hereinafter “instant land”) as the owner of the building listed in the attached Table 2 (hereinafter “instant building”) on the ground of the instant land (hereinafter “instant building”). The Defendants have operated the fraternity in the instant land and the instant building (hereinafter “instant real estate”).

B. On December 31, 2018, the Plaintiff entered into a sales contract with the Defendants on the instant real estate (hereinafter “instant contract”) with a view to accepting the fraternity operated by the Defendants, and paid the Defendants the down payment of KRW 85 million on the date of entering into the contract:

The purchase price: 850 million won - the down payment: 85 million won - The remainder: 765 million won, the due date and January 31, 2019: the seller or the buyer, if he/she fails to comply with the terms and conditions of this contract, may demand in writing that the other party make a written demand and cancel the contract.

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

[Matters of Special Agreement]

4. The seller shall transfer to the buyer the ownership of a already-established temporary building;

5. A seller shall transfer a contract for a livestock wastewater discharge facility which is all engaged in the sale and purchase of the fraternity to a purchaser.

7. Termination of a prior contract with D or E shall be accompanied by a written agreement in the attached Form. 9. Any contract in which a civil petition by a resident is filed by the balance shall be null and void;

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 (including virtual number; hereinafter the same shall apply), and the purport of the whole pleadings

2. Judgment on claiming the return of down payment

A. The Plaintiff and the Defendants, upon the occurrence of the grounds for invalidation of one contract as to the cause of the claim, file a civil petition by the time of the conclusion of the contract of this case by the time of the payment of the remaining amount.

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