(영문) 대전지방법원 2019.08.21 2018가합105068

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(영문) 대전지방법원 2019.08.21 2018가합105068

기타(금전)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Conclusion of the instant sales contract and payment of down payment

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

The amount of KRW 100,000,000 shall be paid and received at the time of the contract. The amount of KRW 400,000 shall be the acquisition of KRW 400,000 (C Association).

The amount of KRW 400 million in China shall be paid in October 16, 2017.

The remaining amount of KRW 550 million shall be paid on December 31, 2017.

Article 2 (Transfer, etc. of Ownership) A seller shall deliver all documents necessary for the registration of transfer of ownership to a buyer simultaneously with the receipt of any balance and shall cooperate with the registration procedures, and the delivery date of such real estate shall be December 31, 2017.

Article 5 (Cancellation of Contract) When the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If the seller or the 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 part payments shall be substituted by the acceptance of the term loan amount.

2. The transfer of ownership shall be made simultaneously with any balance; and

3. The down payment shall be made by means of a cashier’s check.

1) On September 11, 2017, the Plaintiff and the Defendant: (a) each real estate listed in the separate sheet owned by the Defendant (hereinafter “instant land”); (b) real estate listed in paragraph (1) and paragraph (2) of the attached sheet owned by the Defendant; and (c) the instant land and the instant building are combined with the instant building.

) The sales contract that the Plaintiff purchases as follows (hereinafter “the instant contract”).

유사 판례

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