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(영문) 서울고등법원(인천) 2020.07.03 2019나11072
계약금반환
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. The grounds for this part of the underlying facts are as stated in the corresponding part of the reasoning of the first instance judgment, except for the addition or dismissal as follows. Thus, this part of the reasoning is cited by the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added at the last four pages of the first instance judgment:

A person shall be appointed.

E. On May 9, 2019, the Defendant: (a) confirmed that the sales contract was not cancelled by July 3, 2019 in the first instance judgment of the lawsuit claiming the return of down payment; (b) if the Defendant appealed against it, it is the intent of refusing performance to unilaterally reverse the sales contract and not pay the balance by the payment deadline; (c) the down payment already paid pursuant to Articles 9(3) and 10 of the sales contract belongs to the Defendant as penalty; and (d) the sales contract will be cancelled after the termination thereof. The Defendant sent content-certified mail to the Defendant, and the above content-certified mail reached the Plaintiffs at that time.

F. On July 8, 2019, the Defendant cannot be viewed as the intent of refusal to refuse to perform the contract for sale, with the fact that the Plaintiff continues to file a lawsuit to return the down payment with the Plaintiffs. As such, the Defendant notified the cancellation of the contract by the notification of this cancellation, and the down payment already paid was reverted to the Defendant as a penalty.

The defendant sent content-certified mail to the purport that "," and the defendant's above content-certified mail reached the plaintiffs around that time.

G. On August 22, 2019, the Defendant completed the registration of ownership transfer based on payment in kind to L Co., Ltd. on August 2, 2019 with respect to each of the instant real estate.

The five pages 1 of the judgment of the court of first instance is "E." and the five pages 15 through 23 of the five pages 15 of the judgment of the court of first instance are as follows. Article 9 [Cancellation of a Contract] ① Until the "B" pays the balance to "A", "A" may reimburse the two times the down payment and rescind this contract.

(2)

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