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(영문) 창원지방법원 2019.12.20 2019나52031
계약금반환 청구의 소
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 26, 2017, the Plaintiff entered into a contract with Defendant C, a licensed real estate agent, to purchase KRW 335 million (hereinafter “instant sales contract”) and its ground buildings, and other road shares, from Defendant B, via the brokerage of Defendant C, for the purchase of KRW 8,627 square meters in E-gun, Gun, and KRW 598 square meters in size (hereinafter “instant land”).

B. The main contents of the instant sales contract are as follows.

The indication of real estate: The remainder payment date of KRW 35 million (the balance of KRW 20 million in the contract amount) from the purchase price of the E, F, and other road equity shares in G, H, and H: if the seller or the purchaser fails to comply with the terms and conditions of this contract on October 20, 2017, the other party may notify, in writing, the person who failed to comply with the contract and rescind the contract.

In addition, the party 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 the basis for compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

1. The present contract is a contract under the present facility and the certificate of registered matters shall be confirmed, and the contract shall be entered into. 2. The seller will use G, H, I, J, and K lot numbers to the buyer as roads in the present situation and assign 1/2 of its shares to the buyer, and if there is any omission in the road adjacent to the goods under this contract, the transfer will be made through mutual verification procedures.

3. The right to use roads for L shall be transferred to a purchaser and the contract for the right to use roads shall be confirmed by the purchaser prior to the balance date.

4.In the use of this sale and purchase land, all authorizations and permissions and contracts for profits, the provisions of the laws concerned and any obstacles to the land shall be the buyer.

5. This case is a sale on the basis of the size on the register and even if there is a difference between the actual area in the future, the buyer and the seller.

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