(영문) 대구지방법원 2019.05.30 2018가단118043

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2019.05.30 2018가단118043

계약금 반환 등 청구의 소

Text

1. As to each of the Plaintiffs’ KRW 19,00,000 and the above KRW 9,500,000, respectively, from May 28, 2018 to May 2019.

Reasons

1. Facts of recognition;

A. On May 27, 2018, the Plaintiffs and the Defendant determined the purchase price as KRW 690,00,000 for the Daegu-gu D land and buildings owned by the Defendant, and the down payment as KRW 19,00,000 for the remainder of KRW 19,00,000, and KRW 671,000 for the remainder of KRW 671,000 for the remainder of KRW 671,00 for the payment on October 4, 2018. The main contents of the sales contract are as follows:

(hereinafter “instant contract”). Article 5 (Cancellation of Contract) 5 (Where there is no intermediate payment (in the absence of intermediate payment), the seller shall pay the intermediate payment (in the absence of intermediate payment), and the buyer may waive the down payment and rescind the said contract.

Article 6 [Presumed Performance of Obligations and Compensation for Damages] If a seller or buyer fails to perform any of the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted, and cancel the contract.

The parties to a contract may claim respectively to the other party for damages arising from the cancellation of contract, and the contract deposit shall be deemed as the basis for compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

4. To cooperate with the buyer for the progress of construction works before the payment date of balance after concluding a contract.

5. The second floor shopping mall shall be decided to be changed to a house, and the monthly rent after the change shall be paid by the purchaser.

6. The seller shall bear the construction cost of the second floor in the amount of five thousand won and the remainder shall be borne by the buyer.

7. The provisional seizure section shall be cancelled by the seller before the remainder payment is made by the seller.

B. On the date of conclusion of the above contract, KRW 19,00,000 was remitted to the Defendant’s account.

C. On May 28, 2018, the following day of the contract, the Defendant expressed to the Plaintiffs that they want to reverse the instant contract, and the Plaintiffs E and the Defendant’s Ah F did not reach an agreement while discussing the method of rescission on June 1, 2018.

The plaintiffs filed the instant lawsuit on June 8, 2018, and the sales contract Gap.

유사 판례

-제주지방법원 2016.07.19 2015가단55464

-서울동부지방법원 2016.11.24 2016가단111561

-수원지방법원 2021.03.25 2020가단555378

-서울중앙지방법원 2019.03.21 2018가합561720

-부산지방법원동부지원 2015.12.10 2015가합102056