(영문) 광주지방법원 2019.05.22 2018나6668 | 리걸엔진

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(영문) 광주지방법원 2019.05.22 2018나6668

매매대금반환

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. On November 27, 2015, the Defendant: (a) was awarded a successful bid for the number of houses on the registry Nos. C, 4 and D (the actual title is divided into D, G, and H); and (b) filed a lawsuit seeking to transfer the instant real estate against E (the Plaintiff’s representative) where the right of retention was exercised with respect to the instant real estate.

On September 5, 2017, the Plaintiff concluded a contract to purchase the instant real estate in KRW 260 million from the Defendant (hereinafter “instant sales contract”), and agreed to pay the Defendant the down payment of KRW 26 million to the Defendant on December 5, 2017, and the amount of KRW 30 million from the first intermediate payment of KRW 30 million was paid on October 20, 2017, and KRW 30 million from the second intermediate payment of KRW 30 million on November 20, 2017.

Article 6 of the "Terms and Conditions of the Contract" provides that "the seller shall reimburse the amount of the down payment at the time of the termination of the contract, and the buyer shall not waive the down payment and the intermediate payment at the time of the termination of the contract and shall not claim the return thereof (hereinafter "the waiver clause of this case")," and the special agreement provides that "the buyer shall pay the balance by obtaining the loan of this case within three months and transfer ownership until the balance until the due date after obtaining the loan from the bank: Provided, That the seller shall succeed to the ownership of the FFF loan (registration in the register) at the time when the bank loan is known," and "the seller shall provide the buyer with necessary documents to enable the lease contract of this case, and the heating boiler installation work, electric partition work, water construction work, and gas construction work shall be performed by the buyer, and the expenses for the construction work shall be borne by the buyer," and the seller and E shall not claim any rights of both parties regardless of the outcome (judgment).

With respect to the instant real estate, the Association of Collaterals I and the debtor J.

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