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(영문) 춘천지방법원 2019.04.24 2018나51772
해약금
Text

1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.

Reasons

1. Facts of recognition;

A. Defendant, E, F, and G purchased C forest land 7,40 square meters, D forest land 2,390 square meters (hereinafter referred to as “instant forest”) in the course of compulsory auction and completed the registration of ownership transfer on July 3, 2014 (hereinafter collectively referred to as “the instant forest land”), respectively, on July 10, 2015, Defendant, E, F, and G completed the registration of creation of superficies (hereinafter referred to as “instant superficies”) with respect to the instant forest land at the International Association on July 10, 2015.

B. On March 18, 2016, E, F, and G drafted a letter of delegation to the Defendant to the effect that all powers, including the sale of their respective shares, with respect to the forest of this case, have been delegated to the Defendant.

Article 1 In the sale of forest land of this case, the buyer shall pay the purchase price as follows:

The purchase price: 400 million won: 5 million won shall be paid and received at the time of the contract and the intermediate payment shall be substituted by the balance.

Any balance: The seller of Article 2, which received the balance of the purchase price from the buyer, at the same time delivers all documents necessary for the registration of transfer of ownership to the buyer, and cooperates with the registration of transfer, and immediately pays the balance.

Article 3 If any ground exists to restrict the exercise of ownership, such as mortgage and superficies established on the above real estate or there is any unpaid amount of taxes and other charges, the seller shall transfer the full ownership to the buyer by removing the defects, burdens, etc. by the date on which the balance is received.

except in cases of rights and amounts agreed to succeed.

Article 5 The buyer shall compensate the seller for the amount of the down payment before the buyer pays the intermediate payment (if there is no intermediate payment, the remainder), and the buyer may waive the down payment and rescind this contract.

Here, the down payment is regarded as the nature of penalty.

1.The provisions of the special agreement.

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