(영문) 창원지방법원 2015.01.27 2014나721 | 리걸엔진

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(영문) 창원지방법원 2015.01.27 2014나721

토지인도

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On November 29, 2007, the Plaintiff entered into a sales contract with B as a broker of F Licensed Real Estate Agents with respect to the land of this case and the land of this case and Seosan-ri G, and the main contents thereof are as follows.

A: Amount of KRW 10 million paid on March 5, 2008 in the intermediate payment of KRW 220 million between a seller and a buyer: KRW 30 million on May 15, 2008; KRW 160 million on June 30, 2008; Article 6: In cases where a seller or buyer fails to perform any of the terms and conditions of this contract, the other party may notify in writing the non-performance 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. This contract shall be null and void if it is impossible to obtain permission for a land transaction contract;

2. It shall be deemed that the collateral security is created by the time the registration is possible; and

3. After the first intermediate payment, a seller permits a buyer to use land for a farmer's death, and if a contract is not fulfilled, the buyer shall waive his/her rights to agricultural crops, etc. on the land that he/she used;

B. On March 5, 2008, the date of the first intermediate payment under the above sales contract, the Plaintiff and B entered into a sales contract with the following terms and conditions (hereinafter “instant sales contract”).

Article 6 of the Payment on June 30, 2008: A seller and buyer’s KRW 200 million in the intermediate payment of KRW 160 million in the intermediate payment of KRW 30 million: the remainder payment of KRW 160 million on May 15, 2008: if the seller or buyer fails to comply with the terms and conditions of this Agreement, the other party may cancel the contract by giving written notice to the seller or buyer and rescind the contract.

In addition, the parties to the contract may claim damages from the other party according to the termination of the contract, and the down payment shall be compensated unless otherwise agreed.

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