(영문) 부산고등법원 2018.10.04 2018나51716

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2018.10.04 2018나51716

계약금 등 반환

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. (1) On October 20, 2016, the Plaintiff entered into the instant sales contract with the Defendant, as indicated in the separate sheet (hereinafter collectively referred to as “instant real estate”) between the Defendant and the Plaintiff, and as indicated in the separate sheet (hereinafter referred to as “instant real estate”); and as a title to only the instant building, “the instant officetel” is referred to.

2) The sales contract to purchase the purchase price of KRW 1.8 billion (hereinafter “instant sales contract”) is a sales contract.

The main contents of the instant sales contract are as follows. The seller and the buyer agree to pay the purchase price as follows with respect to the sale of the real estate in Article 1 (Purpose): 1.8 billion won and the down payment: 1.80 million won (the first down payment KRW 100 million on the date of the contract, and the second down payment KRW 8,000,000 on October 21, 2016) and the intermediate payment: 200 million shall be paid on November 30, 2016. Any balance and any balance shall be paid on February 28, 2017. Article 6 (In the event of default on obligations and any seller or buyer’s default on this contract, the other party may give written peremptory notice and rescind the contract against the person who has defaulted.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

-special agreement -

3. Rent shall require the seller to assume the responsibility until the buyer is able to take over the building;

(80 per cent lease (hereinafter referred to as "the instant special agreement"). 4. As regards the foregoing paragraph 3, the transfer of ownership (the remaining payment date) may be changed with the said date, depending on the completion and progress of the lease.

5. The settlement of monthly rent shall be calculated by dividing it by 30 days, and the buyer's rent shall revert to the seller by the date on which the balance is paid; and

The seller shall pay for expenses incurred in managing public charges, etc. related to financial costs and buildings.

유사 판례

-부산지방법원 동부지원 2018.01.19 2017가합102937

-대전지방법원서산지원 2015.11.10 2014가단51697

-수원지방법원 2020.06.17 2020가합11301

-서울고등법원 2015.01.28 2014나24558