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(영문) 서울고등법원 2019.11.22 2019나2027237
위약금
Text

1. The plaintiff's appeal is dismissed.

2. In accordance with the conjunctive claim added by this court, the defendant is against the plaintiff.

Reasons

1. Basic facts

A. On March 15, 2017, the Plaintiff’s wife entered into a pre-contract with the Defendant to purchase the land listed in the separate sheet (hereinafter “instant land”) for KRW 3.8 billion, and paid KRW 100 million to the Defendant on the date of the contract as a provisional contract deposit. On July 24, 2017, the Plaintiff paid KRW 280 million to the Defendant on July 24, 2017.

B. On August 29, 2017, the Plaintiff and F agreed to purchase the instant land in KRW 3.8 billion with the Defendant, and among them, the contract deposit was concluded to pay the remainder KRW 3.42 billion on the date of the contract, and the remainder KRW 3.42 billion on October 17, 2017 (hereinafter “instant contract”).

[Contents of a contract] Article 2 (Transfer of Ownership, etc.) of the seller shall deliver all documents necessary for the registration of transfer of ownership to a purchaser at the same time as the balance of the purchase price is received, and cooperate with the registration procedure, and the delivery date of the

Article 3 (Extinguishment of Restricted Real Rights, etc.) If any ground exists to restrict the exercise of ownership, such as mortgage, superficies, right of lease, etc. established on the above real estate of a seller, or there is any unpaid amount of taxes and other charges, a full ownership shall be transferred to the buyer by removing the defects, burdens, etc. of such rights

except in cases of rights and amounts agreed to succeed.

Article 5 (Cancellation of Contract) If the buyer does not pay 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 Contracts and Compensation for Damages) If the seller or buyer has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and cancel the contract.

And the parties to the contract shall terminate the contract.

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