(영문) 서울고등법원 2015.12.15 2015나4292 | 리걸엔진

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(영문) 서울고등법원 2015.12.15 2015나4292

계약금반환및손해배상

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1. Of the judgment of the court of first instance, KRW 70,000,000 in common with the Defendants and the Plaintiff from May 9, 2014.

Reasons

1. Basic facts

A. On March 20, 2014, the Plaintiff entered into a sales contract with the Defendants, a married couple, on March 20, 2014, the land indicated in paragraph (1) of “List of Real Estate” (hereinafter “instant land”).

(B) The building indicated in Paragraph (2) of the [Attachment] List of Real Estate owned by Defendant B solely (hereinafter “instant building”) and the total of the instant land and buildings is “each of the instant real estate”.

B To purchase the purchase price of KRW 1.39 billion, and to the Defendants, the intermediate payment of KRW 260 million is paid to the Defendants for the same year.

4. Any balance of 90 million won in 18.19 billion won; and

6.5. Each contract was agreed to pay the down payment of KRW 140 million on the date of the contract.

(2) Of the instant sales contract, the part related to the instant case is as follows. (Article 5) The Defendants shall compensate for the amount of the down payment before the Plaintiff pays the intermediate payment (in the absence of the intermediate payment agreement), and the Plaintiff may rescind the instant sales contract. (Article 6) If the Defendants or the Plaintiff is in default under the instant sales contract, either party shall notify the other party who has defaulted his/her obligation to perform the contract in writing, and the contract may be rescinded if he/she has failed to perform the said contract. In this case, the Defendants and the Plaintiff may claim damages against the other party, and unless otherwise agreed, the criteria prescribed in Article 5 shall not apply. (Special Clause) The Plaintiff may not raise any issue without filing any objection to the contract transfer, subsequent citizens, or criminal liability for the defect of the instant building. The sale price is included in land and building. The outstanding maximum amount of debt amount of the instant building shall be repaid and cancelled on the remainder of two billion won on the date of repayment and cancellation of the general ledger attached to the instant sales contract.

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