(영문) 의정부지방법원 2018.01.11 2017나5298

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(영문) 의정부지방법원 2018.01.11 2017나5298

위약금등

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1. Revocation of the first instance judgment.

2. The Defendant: (a) KRW 20,000,000 for the Plaintiff and its related expenses from September 23, 2016 to February 2017.

Reasons

1. Basic facts

A. On December 7, 2015, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 1,454.5 square meters (40 square meters (hereinafter referred to as “instant sales contract”) out of the total price of KRW 206,80,000 (hereinafter referred to as “instant land”). The Plaintiff entered into a sales contract with the content that the Plaintiff purchases KRW 1,454.5 square meters (hereinafter referred to as “instant sales contract”) out of the total price of KRW 206,80,000,000 (hereinafter referred to as “instant land”). The content related to the instant case among the instant contract was as follows.

The down payment of KRW 10,000,000 is paid and received at the time of the contract. The remainder of KRW 196,800,000 is indicated on May 30, 2016 in the instant sales contract (Evidence A (Evidence A) of this case on May 30, 2016, but there is no dispute between the parties as to any clerical error in May 30, 2016.

Payment shall be made.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer at the same time as the balance of the purchase price is received, and shall cooperate with the procedure for the registration (hereinafter referred to as "Extinguishment of a limited real right, etc.). Article 3 (Cancellation of a Right)

except in cases of rights and amounts agreed to succeed.

Article 5 (Cancellation of Contract) The seller may reimburse the seller of the intermediate payment (if there is no intermediate payment, the remainder) before the buyer pays the intermediate payment, and the buyer may waive the down payment and rescind this contract.

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

Contracting parties shall be liable for damages arising from the cancellation of contract.

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