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(영문) 광주고등법원 2018.12.07 2018나20322
매매계약해제확인등
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On October 5, 2015, the Plaintiff entered the sales contract and the payment of the down payment and the intermediate payment into a sales contract (1) in the Defendant sales contract (Evidence A2) in the form of “the Defendant and five other persons” (However, the Defendant’s seal is affixed only to the Defendant’s seal).

() The Defendant appears to have purchased each of the instant real estate from the Plaintiff and newly constructed a multi-household house, and then intended to resell the instant real estate to investors. The Defendant sold each of the instant real estate to KRW 1,250,000,000, but the down payment of KRW 125,000,000 on the date of the contract, and the intermediate payment of KRW 300,000,000,000 until November 10, 2015, the remainder of KRW 825,00,000,000 was agreed to be paid until January 29, 2016, and stipulated the following as a special agreement (hereinafter “instant sales contract”).

1) The seller cooperates in the division. The seller bears the burden of the buyer and is liable for civil and criminal liability regarding the matters arising in relation to the division. 1. Before the remainder falls short of the remainder, the seller cooperates with the seller in handling any balance due to a loan. 1. The seller bears the right to collateral security two cases and provisional registration on October 5, 2015. 2) Under the instant sales contract, the Defendant paid the Plaintiff KRW 300,000,000 each of the intermediate payment on November 10, 2015.

On the other hand, upon receipt of the intermediate payment on November 10, 2015, the Plaintiff, as the Defendant’s director, prepared and issued a power of delegation on the division of the land listed in the attached Table 1 and 2 (hereinafter “instant land”) with a certificate of personal seal impression attached to C. On November 16, 2015, the Plaintiff revoked both the registration of the right to claim ownership transfer, which was completed on the instant land, and the real estate listed in the attached Table 1 and 2, and the registration of the right to claim ownership transfer, which was completed on the instant land.

B. The Defendant, by January 29, 2016, extended the remainder on three occasions, 825,000.

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