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(영문) 광주고등법원 2018.10.10 2018나21608
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the subsequent order of payment shall be revoked.

Reasons

1. Basic facts

A. On April 7, 2016, the Plaintiffs entered into a sales contract with D (the husband of the Defendant) on behalf of the Defendant (hereinafter “instant sales contract”) with the content that the Plaintiffs purchase each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from the Defendant for KRW 1.7 billion (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows.

The sales contract of this case (No. 2)

1. Large area of land in Gwangju Mine-gu E (F) with an indication of real estate: 30.4m2 residential facilities of reinforced concrete structure: 740.08m2;

2. (Purpose) A down payment of KRW 1.7 billion in the contract amount is paid and received at the time of the contract. An intermediate payment of KRW 300 million shall be paid on June 7, 2016.

Any balance of 1.23 billion won shall be paid in February 28, 2017.

Article 2 (Transfer of Ownership, etc.) The defendant shall, at the same time as the receipt of the balance of the purchase price, deliver all documents necessary for the registration of transfer of ownership to the plaintiffs, and cooperate with the registration procedure, and the delivery date of each real estate of this case shall be February 28, 20

Article 6 (Non-performance of Obligations and Compensation for Damages) Where the defendant or the plaintiffs have failed to fulfill the terms of the sales contract of this case, the other party may notify in writing the person who has failed to perform 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. The current contract is a sales contract under the current facility, and the certificate of registered matters is confirmed, and the contract is concluded. 4. The defendant will terminate and order the lease contract of the building of this case by the balance date.

The 1st floor restaurant, underground wind team office, foreign restaurant, and the entire 3th floor office (excluding omans);

6. The remainder payment date shall be based on the factory laboratory with the first floor on February 28, 2017 or on the factory laboratory;

B. The Plaintiffs, April 7, 2016, are the Defendant, and the down payment on April 7, 2016,17.

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