logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.10.05 2018나2026220
계약금반환
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination on the grounds for appeal

A. As to the assertion that the down payment is an intermediate payment, this part of the argument is repeated in the first instance trial, and the judgment of the first instance, which rejected the Plaintiffs’ assertion even considering the evidence submitted to this court, cannot be deemed to have been erroneous.

On March 27, 2015, C (the term "use" refers to the case of the judgment of the court of first instance; hereinafter the same shall apply) entered into the first sale contract to purchase the instant real estate from the Defendant and entered into the second sale contract (the instant sale contract) with the Plaintiffs on June 29, 2016, prior to the completion of the implementation thereof (Evidence 4). (Evidence 3), and KRW 10.8 billion for the purchase price of the second sale contract was calculated by deducting KRW 1.2 billion from the down payment of KRW 11.89 billion for the first sale contract, and similar to KRW 1.69 billion for the first sale contract, the circumstance that the down payment of the first sale contract was reflected in the second sale contract or was paid between the past and latter C, may be deemed as having been a comparatively linked to the circumstance that the down payment of the first sale contract was reflected in the second sale contract or was paid between the buyer and the latter C.

However, the second sales contract with the defendant does not contain any content or premise that the plaintiffs succeed to the status of the purchaser of the first sales contract.

Rather, Article 15 of the second sales contract provides for a special contract that "the plaintiff and the plaintiff are aware that C is in progress with respect to the real estate of this case, and they do not raise any objection thereto. Where the provisional disposition registration is not cancelled before the remainder payment is made, or where the defendant loses in the first instance judgment of the lawsuit claiming ownership transfer registration, it shall be deemed that the plaintiffs and the plaintiff may rescind the sales contract." Thus, in relation to the defendant, it shall be deemed that C succeeds to the buyer status of the first sales contract.

arrow