(영문) 서울동부지방법원 2018.06.07 2017가합105423

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) 서울동부지방법원 2018.06.07 2017가합105423

계약금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On January 25, 2010, the Plaintiff entered into a sales contract with Defendant B to purchase each of the lands listed in [Attachment List Nos. 1 through 5] from Defendant B, and paid 300 million won down payment to Defendant B on the same day.

B. On January 25, 2010, the Plaintiff entered into a sales contract with Defendant C to purchase each of the lands listed in Articles 6 through 11 of the attached Table 6 to KRW 2,362,820,000 (hereinafter referred to as “each of the instant sales contracts” in addition to the sales contract listed in the above paragraph (a)), and paid the down payment of KRW 200 million to Defendant C on the same day.

(hereinafter referred to as “each of the instant down payment” in addition to the down payment of KRW 300 million and the down payment of KRW 300 million. In the sale of the instant real estate Article 1, the timing for payment of the purchase price and the purchaser

Any balance shall be paid in June 30, 2010.

Article 5 (Cancellation of Contract) In the event that the buyer does not have an intermediate payment (if there is no intermediate payment agreement, the seller shall compensate for the remainder of the down payment, and the buyer may waive the down payment and cancel this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or a buyer has any non-performance of obligations under this Agreement, one of the parties to the contract may notify in writing the other party who has failed to perform the obligation, and may rescind the contract in case of non-performance

In such cases, the seller and the buyer may claim damages from the other party respectively, and the standards of Article 5 shall apply unless otherwise agreed on the damages.

Matters of special agreement

7. If, for any reason, the buyer fails to pay the balance by September 30, 2010, the contract shall be terminated and the said down payment shall revert to the seller as compensation for damages.

C. The main contents of each of the instant sales contracts are as follows.

The Defendants, on December 13, 2010, passed on June 30, 2010 and September 30, 2010, respectively, to the Plaintiff.

유사 판례

-서울고등법원 2019.06.12 2018나2034498

-부산지방법원동부지원 2016.10.07 2016가합100804

-서울고등법원 2019.09.19 2017나2048490

-수원지방법원 2018.09.19 2017가합18906

-광주고등법원 2018.07.27 2017나12782