(영문) 대구지방법원영덕지원 2017.12.07 2016가합1078

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) 대구지방법원영덕지원 2017.12.07 2016가합1078

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

On January 20, 2016, the Plaintiff entered into a sales contract of this case with the Defendant for each of the lands listed in the separate sheet (hereinafter referred to as “instant land”) owned by the Defendant as indicated in the separate sheet (hereinafter referred to as “each of the instant lands”) and four buildings on the ground (including where the building ledger and the registry were not prepared; hereinafter referred to as “each of the instant buildings”) at KRW 1.365 billion, and entered into a sales contract with the Defendant for the purchase of KRW 1.45 million for the purchase price and the down payment of KRW 1.25 million for the remainder of 1.225 million for the contract date and the remainder of 1.25 billion for the payment on March 3, 2016 (hereinafter referred to as “instant sales contract”). The main contents are as follows.

Article 5 (Cancellation of Contract) The buyer may refund the sum of the down payment to the seller before he pays the intermediate payment (if there is no intermediate payment), and the buyer may rescind this contract by giving up the down payment.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages unless otherwise agreed.

Matters of special agreement

1. It is a current contract and a certified copy of the register, land cadastre, confirmation statement, certificate of mutual aid, and certificate of land use plan;

3. Even if this case is traded on the basis of the size on the register and there is a difference in the actual size in the future, the buyer and the seller will not raise any objection.

4. C and D may change the name of a purchaser to an individual, and a seller shall deliver a document of transfer in his/her name;

5. The seller shall report the actual transaction by parcel at each remaining time at the price designated by the seller, and the seller shall transfer the certificate of permission for completion of civil works to the purchaser;

6. The present lessee shall:

유사 판례

-인천지방법원 2020.04.23 2019가단11592

-부산지방법원동부지원 2015.12.10 2015가합102056

-대구지방법원서부지원 2015.06.10 2014가단28101

-서울남부지방법원 2019.06.21 2019가합100470

-수원지방법원 2016.07.15 2015나8992