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(영문) 광주고등법원 2018.07.27 2017나12782
손해배상(기)
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On March 7, 2006, the Plaintiff entered into a sales contract with the president L, the representative of the Defendant, and each real estate listed in the separate sheet owned by the Defendant (hereinafter “each real estate of this case”) with the purchase price of KRW 2,650,900,000 (hereinafter “instant sales contract”) and paid the down payment of KRW 220,00,000 to the Defendant on the day.

Article 1 [Sales Price and Time of Payment] (1) The sale price and time of payment for the purchaser are as follows:

The purchase price of KRW 2,650,900,000 as down payment of KRW 220,000 shall be paid at the time of a contract and the balance of KRW 2,430,90,00 shall be paid on August 21, 2006.

Article 6 [Cancellation of Contract] Before the buyer pays the intermediate payment (if there is no intermediate payment agreement, the seller shall pay the down payment in an equal amount, and the buyer may also waive the down payment and cancel this contract.

Article 7 [Non-performance of Obligations and Compensation for Damages] (1) In cases where a seller or a buyer has any non-performance of obligations under this contract, the other party may demand in writing the person who has made the non-performance of the contract,

(2) Where a contract has been rescinded, the seller and the buyer may claim damages from each other.

Unless otherwise agreed, the criteria of Article 6 shall apply to damages.

Matters of special agreement

1. A seller shall deliver documents for transfer of ownership to a person designated by the purchaser;

2. The traditional cemetery shall be the key to the seller's responsibility until the payment of the remaining amount is made.

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

C. Meanwhile, on August 21, 2013, the Defendant completed the registration of ownership transfer based on sale in the name of Nonparty NN Housing Association (the name was changed to V Housing Association on July 11, 2014; hereinafter “ Nonparty NN Housing Association”) on each of the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1-6, Gap evidence 2-2, and arguments.

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