logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.11.02 2016나2006550
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants is revoked, and the Plaintiff’s claim corresponding to the revoked part is all revoked.

Reasons

1. Basic facts

A. On September 24, 2014, D, the mother of the Defendants, on behalf of the Defendants residing in the U.S., sold part of each land indicated in the separate sheet owned by the Defendants to the Plaintiff, including co-ownership shares in the road site located in O, etc. in Nam-si, Nam-si (hereinafter “instant land”). However, upon entering into a contract, KRW 400,000 of the purchase price of KRW 3,152,000,000, an intermediate payment of KRW 1,176,000,000, KRW 1,176,00,000,000 was paid on October 15, 2014, and the remainder of KRW 1,576,00,000 was concluded with the Plaintiff on January 22, 2015 (hereinafter “instant sales contract”).

The provisions relating to the instant sales contract relating to the instant case are as follows.

Article 2) The seller shall receive the balance of the purchase price and deliver all documents necessary for the registration of transfer of ownership, and cooperate in the registration procedure, and deliver the real estate to the buyer on January 22, 2015. Article 5) Before the buyer pays the intermediate payment, the seller shall compensate for the double payment of the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 In the event of default on obligations under this Agreement, the seller or the buyer of the contract may notify in writing the other party who has defaulted on obligations, and may cancel the contract if the other party has failed to perform the obligation.

In such cases, the seller and the buyer may claim damages from the other party respectively, and the standards of Article 5 shall apply, unless otherwise agreed on the damages.

Matters of special agreement

2. The addition to or reduction in the size of the land after the division of the above lot number is determined by the remaining date shall be calculated both after the difference.

3. At the same time as the contract is concluded, the seller shall provide the seal imprint or written consent for use necessary for the building permission.

4. The remaining date of the balance shall be stipulated for the purpose of specification of a building installed; and

6. A seller shall enter into a contract by designating an agent (D) accompanied by a certificate of seal imprint and power of attorney.

10. Roads necessary for permission.

arrow