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(영문) 수원지방법원 2018.09.13 2017나77145
약정금
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 reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except for the case where the defendant additionally determines as to the assertion added by the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. The defendant's assertion and judgment

A. 1) The Defendant’s assertion that the contract is a pre-contract for sale and purchase. The Plaintiff and the Defendant concluded a pre-contract for sale and purchase of the instant real estate through the instant real estate sales contract. As the Plaintiff did not exercise the right to conclude the pre-contract for sale and purchase until June 1, 2016, ten years from the date of preparation of the said document, the right to conclude the pre-contract for sale and purchase expires. Therefore, the Plaintiff cannot seek performance of the contract. Therefore, the Plaintiff’s agreement is required to be reached between the parties in order to establish the contract, and the agreement on the essential or important matters should not be made with regard to all matters constituting the pertinent contract. However, an agreement between the parties to the contract and the other party on the price for sale and purchase should be reached (see, e.g., Supreme Court Decisions 200Da51650, Mar. 23, 2001; 2005Da3994, Nov. 24, 2006). 206.

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