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Reasons
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(영문) 부산고등법원(창원) 2020.07.23 2019나12209
매매대금반환
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1.On the claim that this Court alters in exchange:

A. Defendant D Co., Ltd. is the Plaintiff C Co., Ltd.

Reasons

1. Facts of recognition;

A. On November 14, 2014, Plaintiff A and B concluded a sales contract for the following land with the Defendants (hereinafter “Defendant Company”) (hereinafter “Defendant Company”) (hereinafter “Defendant Company”).

The contents of the contract(A evidence 1 to 4) written at the time are as follows:

Article 2 (Sale Price and Method of Payment)

2.The terms of payment shall be as follows:

Defendant Company’s transaction date of the purchase-price G 2.7 billion won of G 2.7 billion won on December 23, 2014 at the time of concluding a purchase-price of KRW 2.16 billion on October 30, 2015, the remainder of KRW 1.3 billion on the purchase-price of KRW 1.3 billion on October 30, 2015 (the remainder of KRW 1.4 billion on December 23, 2014, KRW 1.3 billion on the remainder of KRW 1.4 billion on December 23, 2014, KRW 30 million on the conclusion of a contract for purchase-price of KRW 70 million on December 23, 2015, KRW 1.3 billion on the remainder of KRW 1.5 billion on December 30, 2015 (the remainder of KRW 1.3 billion on December 30, 2005, KRW 70 billion on the contract for purchase-price of KRW 7.7 billion on the remainder of KRW 1.3 million

1. When a seller of Gap (Plaintiff A and B) has committed any of the following acts, he/she may terminate this contract without a peremptory notice to perform the contract:

1. Where Eul fails to pay the down payment and remainder under Article 2 by the payment date.

2. Where a contract is terminated pursuant to paragraph 1, A may immediately terminate the contract without notice, and the contract shall be deemed terminated by mail to the address of B as stated in this Agreement, and the date of delivery by mail shall be the date of termination of the contract;

A postal service shall be deemed to have reached the third day from the date on which it is sent.

Article 6 (Treatment upon Termination of Contract)

1.If this contract is terminated in accordance with article 5, the down payment shall revert to A, and no interest shall be paid for the payments made by B.

B. The Plaintiff A and B shall conclude the instant sales contract.

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