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(영문) 대구지방법원 2020.08.11 2019나320509
구상금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. 1) As between the Defendant and C on November 29, 2016, the Defendant entered into a real estate sales contract with C, and between C, the Defendant: (a) 3,443 square meters and 363 square meters of forest land E (hereinafter “instant real estate”).

A) A real estate sales contract was concluded to sell the sales price of KRW 1,440,000 for KRW 1,000 (hereinafter “instant real estate sales contract”).

(2) On the date of the conclusion of the instant real estate sales contract, C paid the Defendant a down payment of KRW 140,000,000,000, and paid the remainder KRW 1,300,000 to the Defendant on January 10, 2017.

B. The Plaintiff’s guarantee agreement as to the Defendant’s obligation to return the down payment 1) stated that the sales contract prepared by the Defendant and C at the time of the conclusion of the instant real estate sales contract is stipulated as the special terms and conditions, and the Plaintiff’s signature is stated on the side of the said special terms and conditions. 2) The Plaintiff drafted a written confirmation to the effect that “A promises to assume the Plaintiff responsible for the down payment of KRW 140,000,000 for the instant real estate sales contract,” in accordance with the said special terms and conditions.

3) As above, the Plaintiff agreed with C to guarantee the obligation to return the instant real estate sales contract’s down payment of KRW 140,000,000 to C (hereinafter “instant guarantee agreement”).

C. C. The rescission of the instant real estate sales contract and the Plaintiff’s guaranteed obligation 1) Defendant failed to perform the obligation of ownership transfer registration under the instant real estate sales contract, and C filed a lawsuit against the Defendant on June 30, 2017, seeking payment of KRW 280,000,000, which is a double payment, due to damages arising from the cancellation of the instant real estate sales contract.

(T) On July 19, 2017, Daegu District Court 2017Gahap204784). 2, the instant real estate sales contract was rescinded by the delivery of a copy of the complaint in the said damages case, and C made no pleadings on November 2, 2017 in the said damages case.

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