(영문) 대전지방법원 2018.06.15 2016가단223996

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(영문) 대전지방법원 2018.06.15 2016가단223996

매매대금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C signed a real estate sales contract between C and the Defendant on April 14, 2016 (hereinafter “each of the instant real estate”) with the Defendant, including the E-tourism hotel building of KRW 5,569 square meters in Nam-si, Namwon-si, and real estate of KRW 9,790 square meters in F forest land, G 1,570 square meters in size, etc. (hereinafter “each of the instant real estate”).

B shall be purchased at KRW 1.5 million, and C shall pay to the Defendant KRW 20 million on April 14, 2016, which is the date of the conclusion of the instant real estate sales contract.

Any balance of 1.50 million won for the same year

5. 17. Conclusion of a real estate sales contract with the content of payment.

2. The contents of the instant real estate sales contract related to the instant case are as follows.

Article 2: The seller shall receive any balance of the purchase price, deliver all documents necessary for the registration of transfer of ownership, cooperate with the registration procedure, and deliver the said real estate on May 17, 2016.

Article 5 Before the buyer pays the remainder, the seller shall compensate twice the down payment, and the buyer may waive the down payment and cancel this contract.

Where a seller or a buyer has a default on obligations under this contract, either of the parties to the contract may rescind the contract without demanding in writing the other party who has defaulted 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

1. Upon the payment of any balance, C is the change from the defendant to C the name of the debtor in the registration of the establishment of the Suwon Bank collateral security (Won 1,068,000,000) and succession to H collateral security amounting to KRW 400,000.

2. If C fails to pay a part of KRW 00,000,000 at the time of the payment of the remainder, the contract shall be rescinded, and C shall waive the down payment and the Defendant shall not return the 0,000,000 won.

3. Before C pays any balance, the defendant shall have the down payment.

유사 판례

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