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(영문) 서울고등법원 2016.05.25 2015나17205
매매대금
Text

1. The part against the Defendant (Counterclaim Plaintiff) among the part against the principal lawsuit in the judgment of the first instance shall be revoked, and that part shall be revoked.

Reasons

1. Basic facts

A. On June 27, 2012, Plaintiff B and the Defendant entered into a sales contract with the Defendant on the following: (a) the Plaintiff entered into a sales contract with Pyeongtaek-si D & 513.7 square meters and its ground buildings (hereinafter “the instant cartel”); (b) according to the sales contract, the sales price of KRW 3.35 million (the remainder of KRW 35 million and KRW 3.5 million), and the remainder payment date (the remainder of KRW 3.35 million), and the remainder payment date (the remainder of KRW 3.5 million); and (c) the buyer shall compensate the buyer for twice the down payment, and if the buyer violates the contract, the down payment may not be refunded.

B. The Plaintiffs and the Defendant’s 1) failed to pay the down payment under the above sales contract, and Plaintiff B added Plaintiff A as a party to the contract to prepare the purchase price, etc. to the Plaintiff. (2) Plaintiff B entered into a new contract with the consent of the Defendant to change the purchaser to the Plaintiffs. Accordingly, on July 9, 2012, the Plaintiffs entered into a contract with the Defendant to change the purchaser to the Plaintiffs. Accordingly, on August 9, 2012, the Plaintiffs amounting to KRW 3.35 billion (the contract amount to KRW 35 billion, the remainder KRW 3.5 billion, and the remainder amount to KRW 3.5 billion), and the remaining payment date on August 30, 2012.

9. The sales contract (hereinafter “instant sales contract”) shall be deemed to be changed to September 1, 200.

(1) The sales contract of this case was prepared, and the terms and conditions of the rescission of the contract, nonperformance of the contract, and damages, etc. entered in the sales contract of this case are as follows (the sales contract of this case under the sales contract of this case

The seller under Article 2 (Transfer of Ownership) shall receive the balance of the purchase price and at the same time deliver all documents required for the registration of transfer of ownership and deliver real estate. Article 6 (Cancellation of Contracts) The buyer, prior to the payment of the intermediate payment (in the absence of an intermediate payment agreement, prior to the payment of the remainder, may pay the down payment in a double amount, and the buyer may also waive the down payment and rescind this contract. Article 7 (Non-performance of Obligations and Compensation ①)

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