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(영문) 광주지방법원 2019.12.13 2018나50603
매매대금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

2. As to the sale of the above real estate, Article 1 (Purpose) of the terms of the contract, the seller and the buyer, by agreement, shall pay the sales amount as follows:

In the event of a contract for a down payment of KRW 275,00,000 for down payment of KRW 27,000,000 for the intermediate payment of KRW 50,000 for the intermediate payment of KRW 27,000 for the purchase price, KRW 40,000 for the payment on May 17, 2017, and KRW 158,000,000 for the remainder payment of KRW 158,00 for the payment on June 17, 2017, the seller pays the intermediate payment to the seller before the buyer pays the intermediate payment on August 17, 2017, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or a purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

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. The above contract is a sale and purchase.

2. Gratuitous assignment of facilities and props shall be made to enable operations as it is at the instant Diplomatic shop.

3. The above contract will run by a comprehensive acceptance agreement.

On April 18, 2017, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant to purchase a building of 53m2 and 3m2 of its ground reinforced concrete structure (hereinafter “instant real estate”) with the price fixed at KRW 275,00,000,000 from the said contract, which is related to the instant case as follows.

B. On April 18, 2017, the Plaintiff paid the Defendant KRW 20,000,000 as part of the down payment on the date of the contract, and KRW 7,000,000 as the remainder down payment on April 21, 2017, respectively.

C. On May 8, 2017, the Plaintiff operated a coffee shop and a box from the Defendant and continued to operate it even after the purchase by the Plaintiff.

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