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(영문) 대구지방법원 2018.08.29 2017나317257
계약금반환등 청구의 소
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. On February 9, 2015, the Plaintiff entered into a sales contract with the Defendant and the port of port with respect to the area of 360 square meters for the Nam-gu C warehouse, D large 484 square meters, E-source 16 square meters, F-source 314 square meters (hereinafter “each of the instant real estate”) with respect to each of the instant real estate (hereinafter “instant sales contract”). The main contents are as follows.

Where any ground exists to restrict the exercise of ownership, such as mortgage, superficies, and rental claims established on the said real estate, or there is any unpaid amount of taxes and other charges, the seller shall remove the defects and burdens of the said rights and transfer the full ownership to the buyer by the date on which the remainder is received.

Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If the seller or the purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

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

At the time of the port of entry into a special agreement, the average price of the Nam-gu C, D, E, F (road part) shall be adjusted to one million won, and shall be adjusted after the authorization and permission of the survey.

(A) The expenses for construction and authorization shall be borne by the buyer.

B. On March 3, 2015, the Defendant conducted a divisional survey on the instant real estate in accordance with the instant sales contract.

C. On March 23, 2016, the Defendant completed the registration of the establishment of a neighboring area as the Maximum debt amount of KRW 1,320,000,000 with respect to each of the instant real property, and the debtor, the Defendant, the Defendant, and the Siksu-si Agricultural Cooperatives, the mortgagee of the right

The plaintiff on May 24, 2016.

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