(영문) 수원지방법원성남지원 2017.04.04 2015가합207545

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(영문) 수원지방법원성남지원 2017.04.04 2015가합207545

매매대금반환

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1. The Defendant’s KRW 318,780,752 as well as the Plaintiff’s annual rate of KRW 5% from January 4, 2016 to April 4, 2017.

Reasons

Basic Facts

On June 28, 2015, the Plaintiff concluded the instant sales contract with the Defendant to purchase KRW 99/1,719 (hereinafter “instant real estate” and, in the case of individual real estate, specified 200 million as “instant building”) from the purchase price of KRW 2.1 billion (the contract amount shall be paid at the time of the contract, and the intermediate payment of KRW 200 million shall be paid until August 31, 2015, the remainder of KRW 1.7 billion shall be paid until November 30, 2015).

(hereinafter “instant sales contract”). Matters related to the instant case among the terms of the contract and the current status of the instant real estate are as follows.

Article 3 (Extinguishment of Restricted Real Rights, etc.) The seller of a real estate sales contract (a sale contract in this case) shall transfer the full ownership to the buyer by removing the defects and burdens of the rights, if there are grounds for restricting the exercise of ownership, such as mortgage, superficies, lease, etc. established for the purpose of sale and purchase, or the unpaid taxes, public charges

except in cases of rights and amounts agreed to succeed.

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.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Matters of special agreement

1. A sales contract under the current facilities and the verification of a certificate of registered matters and the conclusion of a contract;

4. A D-owned share shall be succeeded by the present seller to the same manner as it was concluded with co-owners.

On June 26, 2015, the Plaintiff of the instant real estate and the Defendant, on June 26, 2015, are the buyer on May 30, 2015, the transfer of the instant sales contract.

유사 판례

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