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(영문) 광주고등법원(제주) 2017.08.23 2017나10062
소유권이전등기 등
Text

1. Revocation of a judgment of the first instance;

2. The defendant,

A. At the same time, the Plaintiffs receive KRW 1,730,000 from the Plaintiffs.

Reasons

1. Facts of recognition;

A. On August 18, 2015, the Plaintiffs and the Defendant, who are married couple, entered into a sales contract, are 4,492 square meters prior to D Seopo-si owned by the Defendant (hereinafter “instant land”).

) The Plaintiffs concluded a sales contract with the terms that the Plaintiffs purchase KRW 2.13 million (hereinafter “instant sales contract”).

(2) At the time of the conclusion of the instant sales contract, the Plaintiffs and the Defendant prepared a sales contract that reduced the sales price from KRW 2.130 million to KRW 1.1 billion due to tax issues, and the remainder of KRW 1.03 billion, which is the remainder, shall be paid to the intermediate payment before the payment date of the remainder, and as to KRW 1.03 billion, the Plaintiffs prepared a cash custody certificate to the Defendant instead of the contract, and the Defendant decided to return the cash custody certificate to the Defendant whenever the Plaintiffs reimburse the remainder.

3) Accordingly, on August 18, 2015, the sales contract (hereinafter “instant sales contract”) with the following terms and conditions as follows.

(2) On the same day, the Plaintiffs were prepared to the Defendant, and one copy of the cash custody certificate of KRW 200 million in the face value of KRW 200 million in the Plaintiff’s name (hereinafter collectively referred to as “each of the cash custody certificates of this case”).

In addition to preparing and granting a down payment, the seller and the buyer agree to pay the down payment as follows, in the sale of the instant land. In the sale of the instant land, Article 1 (Purpose): 1.1 billion won: 20 million won shall be paid at the time of the contract and the balance received at the time of the contract: 90 million won shall be paid in October 22, 2015. Loan/security deposit: 260,000 won shall be cancelled by the seller until the date of the remainder payment. Article 6 (In the event of default of obligations and the seller or buyer’s default on the terms of this contract, the other party may give written peremptory notice and rescind the contract.

In addition, the parties to the contract may claim damages from the other party according to the termination of contract.

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