beta
Text
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. Facts of recognition;
A. On May 15, 2013, the Plaintiff entered into a sales contract with C (the Defendant’s partner) on the purchase price of each real estate listed in subparagraphs 1 through 5 of attached Table 1 (hereinafter “instant real estate”) as KRW 310,000,00 in the purchase price, and KRW 50,000 in the down payment shall be paid at the time of a contract, and the remainder amount of KRW 260,000,000 in the contract shall be paid at June 20, 2013 (hereinafter “instant sales contract”).
B. The terms and conditions of the instant sales contract are as follows.
1. A project operator shall relocate approximately 5,000 gran trees planted on the ground until November 30, 2013;
2. The tree shall be transferred before the balance date ( June 20, 2013).
3.To succeed to all above-ground objects on the above-ground without any condition.
(F) All of the greenhouses, shot trees and other ground objects)
C. Meanwhile, Article 6 of the sales contract of this case 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 waive the down payment at the time of the termination of the contract and not claim the return thereof.”
The Plaintiff shall fully pay the down payment of KRW 50,000,000 and the remainder of KRW 260,000,000,000, and on May 27, 2013, the Plaintiff completed the registration of ownership transfer under the name of the Plaintiff for real estate Nos. 1 through 5.
The contract amount shall be determined by Non-Party U.S. Credit Union (hereinafter referred to as the "Non-Party Credit Union") as designated by C.
(e) has been deposited and paid into his account.
As of the time of the closing of argument in this case, gold tree was not yet collected on the ground of part 303 square meters in part 2 in the ship connected with each of the items in the attached drawing Nos. 1, 2, 3, 4, 5, 6, and 1 among the real estate No. 1 in this case among the real estate No. 2 in this case. Among the real estate No. 2 in this case, gold tree was not yet collected on the ground of the part 303 square meters in the attached drawing No. 1, 2, 3, 4, and 1, among the real estate No. 2 in this case. 465 square meters in sequence (hereinafter “part 465 square meters”).
(f).