logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2018.10.10 2018가단1780
계약금 및 위약금 반환
Text

1. The defendant shall pay 40,000,000 won to each of the plaintiffs and 15% per annum from July 26, 2018 to the day of full payment.

Reasons

Basic Facts

On April 6, 2018, between E and E, the Defendant’s father and agent, the Plaintiffs purchased from the Defendant the purchase price of KRW 688,00,000,000 for the purchase price of KRW 8125 square meters prior to permanent residence (hereinafter “instant land”) at KRW 688,000, and the contract deposit amount of KRW 60,000 at the time of contract was concluded to pay KRW 628,00,000 for the remainder on June 5, 2018 (hereinafter “instant contract”). The main contents of the instant contract are as follows.

Article 3 [Extinguishment of Restricted Real Rights, etc.] If a cause exists to restrict the exercise of ownership, such as mortgage, superficies, right of lease, etc. established on the said real estate, or there is any unpaid amount of taxes, public charges and other charges, the seller shall remove the defect, burden, etc. of the said right

except in the rights and amounts agreed to succeed.

Article 5 [Cancellation of Contract] Before the buyer pays the intermediate payment (if there is no intermediate payment, the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

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of this Agreement, the other party shall be notified in writing to the person who has defaulted and the contract may be rescinded.

In addition, the parties to the contract may claim damages from the other party according to the termination of contract respectively, and the compensation for damages shall be regarded as the basis for compensation for damages, unless otherwise agreed.

On May 24, 2018, the Defendant’s agent E sent to the Plaintiffs a notice of termination of the sales contract stating that “the lease relationship of real estate to be sold” would be terminated, and that notice of termination of the sales contract reached the Plaintiffs around that time.

The plaintiffs received this answer from the defendant's agent E on May 25, 2018.

arrow