logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.04.01 2015나2055272
매매계약무효확인 청구의 소
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. Plaintiff A is the owner of each real estate listed in the separate sheet No. 1, and Plaintiff B is the owner of each real estate listed in the separate sheet No. 2.

B. On September 19, 2012, Plaintiff A and the Defendant entered into a sales contract with each of the real estate listed in the separate sheet No. 1 (However, the contract contains a statement of KRW 4,485 square meters for the real estate listed in the separate sheet No. 1 in the separate sheet No. 1) to the Defendant in KRW 908,00,000, and Plaintiff B entered into a sales contract with the Defendant on the same day and each of the real estate listed in the separate sheet No. 2 and the separate sheet No. 2 (Provided, That the contract contains a statement of KRW 12,00 square meters for each of the real estate listed in the separate sheet No. 2 and paragraph (3) before registration conversion and division) to the Defendant for KRW 2,992,00,000, respectively.

(hereinafter the Plaintiffs’ above sales contract concluded with the Defendant is collectively referred to as “instant sales contract”).

In the instant sales contract, 10% of the purchase price shall be paid as the down payment at the time of entering into a contract, and the remainder shall be paid in exchange for the transfer of ownership within one month from the date of permission for factory authorization (Article 2(2) of the contract). If the Defendant fails to pay the remainder by the deadline for payment of the remainder even after obtaining permission for factory authorization, the down payment shall belong to the Plaintiffs, and the said sales contract shall be rescinded, but the Plaintiffs and the Defendant agreed to set a grace period for

(Article VIII(2)(d) of the Contract.

After that, the Defendant sold each real estate listed in the separate sheet No. 1 and No. 2 of October 19, 2012 (hereinafter “instant real estate”) to KK Co., Ltd. and five other parties, while paying only the down payment of the instant sales contract to the Plaintiffs, and the Defendant applied for approval for the new establishment of a factory with the content of establishing a factory to establish the instant real estate at the time Kimpo-si, Kimpo-si, 2012, with a written consent to land use in the name of the Plaintiffs through the Defendant.

arrow