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Reasons
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(영문) 서울고등법원 2015.08.18 2014나2047663
위약금반환
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On March 5, 2010, the Plaintiff and the Defendant entered into a sales contract (hereinafter “instant sales contract”) with respect to B forest No. 3,868 square meters, C forest No. 1,190 square meters, D forest No. 3,273 square meters, E forest No. 572,32 square meters, and F forest No. 59,372 square meters (hereinafter “instant land”).

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

Article 2 (Sales Price) (1) The sales price of the subject matter of sale shall be KRW 12,500,000 per day, and the “B” (the plaintiff and the “B”) shall be paid to “A” (the defendant) as listed below:

Article 3 (Mutual Cooperation Duty) ① “A” and “B” intend to mutually make efforts to pay the balance, claim the claim, and transfer ownership without any defects, with the remainder of KRW 12,500,000,000, not exceeding 1/2, and not exceeding 3 months in the contract of KRW 1/2, and not exceeding 500,000, not exceeding 8 months in the contract of KRW 12,500,000, not exceeding one year.

However, since "A" is in Japan, it shall be determined by the following methods as a realistic solution of the duty to transfer ownership without defects of "A" (Defendant).

1. The term “A” (the Defendant) grants to “B” (the Plaintiff and Alley) authority to conduct any and all acts for the transfer of ownership without any defects, such as the name of “A” (the Defendant) and the charge of “A” (the Defendant).

(2) This contract may not be rescinded if it is not in violation of any of the contractual obligations under any significant contract between the parties, and if the contract is rescinded, the party liable for the settlement of the down payment shall pay to the other party the double amount of the down payment as penalty, and if the other party actually causes damage exceeding the penalty,

C. On April 9, 2010, the Plaintiff transferred part of the down payment under the instant sales contract to G by proxy of the Defendant.

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