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Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.
Reasons
1. Basic facts
A. On December 11, 2016, the Plaintiff and the Defendant concluded a sales contract with the content that the Plaintiff purchases KRW 214,500,000 for the purchase price of KRW 214,50,000 for the land subject to sale (hereinafter “instant sales contract”), and the Plaintiff paid the Defendant the down payment amount of KRW 20 million on the date of the contract (hereinafter “instant sales contract”), and the remainder of KRW 194,50,000,000,000 for the remainder of KRW 194,50,000,000,000,000 won on March 30, 2017, the Plaintiff agreed to pay the remainder of KRW 194,50,000 to the Defendant.
The main contents of the instant sales contract are as follows.
Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price.
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, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.
Special agreement: The seller shall bear one million won, the buyer shall bear one million won, and one million won.
B. After the conclusion of a contract, it was confirmed that there was one cemetery in the instant forest, and the Plaintiff and the Defendant agreed on several occasions regarding the disposal of the instant cemetery, but did not reach the final agreement.
C. Accordingly, on April 21, 2017, the Plaintiff provided the Defendant with all documents necessary for the transfer of ownership of the forest of this case at the time of receiving the remainder of KRW 194.5 million from May 1, 2017, and if the Defendant did not perform this, the Plaintiff would cancel the instant sales contract, which is worth KRW 20 million and penalty.