(영문) 서울고등법원 2020.02.07 2019나2041714

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(영문) 서울고등법원 2020.02.07 2019나2041714

매매대금반환

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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. The reasoning of the judgment of the court on this part of the basic facts is as follows, and this part of the reasoning of the judgment of the court of first instance is identical to that of the part concerning the facts acknowledged under Article 420 of the Civil Procedure Act, except for dismissal or addition as follows.

As above, “ September 1, 2015” of 12 lines on the 3th page shall be read as “ September 15, 2015”.

4. The following shall be added to the 11st Schedule:

"Date for the Confirmation of Assets" means July 15, 2015 (hereinafter omitted) plus, above Article 2 of the 4th Schedule, the following:

“Effective Date” means the 6th day of the execution of this Agreement plus the following:

By the date on which the seller and the buyer agree, in order to obtain the seller’s seal in accordance with paragraph 8(3) of this Article, the seller may reasonably accept the sale, and the following is added to the 18 line table of 7 pages of each document necessary for the transfer of the security right from the seller to the buyer in accordance with the laws and regulations of the Republic of Korea and the commercial customs of the Republic of Korea (including notice necessary for the transfer of the security right from the seller to the buyer, and documents necessary for the transfer of the security right to the land secured for the transfer of the security right and documents necessary for the transfer of the security right to the buyer; and is not limited to

"(4) The buyer understands and agrees that the observance of the time limit in relation to the termination of transaction is an important factor. The buyer shall prepare for the termination of transaction within the time limit for the termination of transaction, shall have the intention to terminate the transaction, shall be able to terminate the transaction, and where the buyer fails to perform or does not intend to perform it, the buyer falls under any cause for nonperformance of the obligation under this contract immediately. In such cases, the buyer shall revert to the contract deposit in accordance with subparagraph 3 of this paragraph, and the amount in excess thereof.

참조조문

-민사소송법 제420조

유사 판례

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