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(영문) 서울고등법원 2016.09.22 2016나2018218
손해배상(기)
Text

1. The plaintiffs' appeal and the first and second preliminary claims added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning for the court’s explanation in this part is as follows: “1. Recognizing that the part of the 4th page 13, 14 testimony of Witness G, witness H’s partial testimony is the same as the part of “1. Recognizing the grounds for the judgment of the first instance court,” except that the part of the 4th page 13, 14 testimony of Witness G, witness H’s testimony of the first instance court G and witness’s partial testimony of the first instance court H.

2. The assertion and judgment

A. According to the instant sales contract, the Defendant, as the primary claimant, has a duty to succeed to the obligation of KRW 1.34 billion, which is the part of the Defendant’s secured obligation of KRW 3.21 billion, out of the amount of the secured obligation of the instant right to collateral security, and to partially transfer the right to collateral security. Since the Defendant failed to perform it by March 12, 2015 and delayed its implementation, the instant sales contract was rescinded by notification of cancellation on March 12, 2015.

Therefore, the defendant is obligated to pay to the plaintiffs 400 million won, which is a part of the down payment pursuant to Article 6 of the sales contract of this case, as compensation for damages following the cancellation of contract

B) Although the first preliminary claim is not that, the first preliminary claim, the ownership transfer registration was completed on September 21, 2015 in the first place, and the provisional registration was completed in the middle of J on the same day, and the Defendant’s obligation to transfer ownership under the instant sales contract was impossible to perform. Accordingly, the Defendant is obligated to pay the Plaintiffs KRW 400 million, which is a double payment of the down payment, in accordance with Article 6 of the instant sales contract, as compensation for damages arising from cancellation of contract. (C) The instant sales contract for the second preliminary claim is rescinded by the notification of the Plaintiffs’ cancellation, or was rescinded by the Defendant’s cancellation notification of the cancellation on March 16, 2015, even if not, as seen in the above (a) and (b), even if not, it was rescinded by the Defendant’s cancellation notification on March 16, 2015.

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