(영문) 대전지방법원 2016.09.23 2015나8849 | 리걸엔진

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(영문) 대전지방법원 2016.09.23 2015나8849

약정금

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1. Of the judgment of the court of first instance, the part against the defendant regarding the conjunctive claim shall be revoked, and the plaintiff's corresponding part shall be revoked.

Reasons

1. Basic facts

A. On January 28, 2014, E and B entered into a contract between E and the Defendant or the Plaintiff, eight households, including 320, 431, 813, 843, 926, 1030, 1501, and 1518 (hereinafter “instant real estate”).

2) The sales contract of this case is to be purchased (hereinafter “the sales contract of this case”).

The sales contract was made in the name of B and the Defendant. The main contents of the sales contract of this case are as follows. The sales contract of this case are as follows. B and the Defendant are to pay the sales price in accordance with an agreement. The sales price of KRW 493,000,000 (temporary payment) shall be paid and received at the time of the contract. The intermediate payment of KRW 176,000,000 shall be paid on January 28, 2014 and the remainder of KRW 237,00,000 shall be paid on February 10, 2014. The Defendant shall deliver all documents necessary for the registration of transfer of ownership to B at the time of receipt of the balance of the sales price and cooperate in the registration procedure, and the delivery date of the said real estate shall be January 27, 2014.

In addition, the parties to the contract may claim the other party for the compensation for damage following the cancellation of contract, and the contract deposit shall be considered as the basis for the compensation for damage unless otherwise agreed.

Matters of special agreement

1. This contract will succeed to the defendant's rights and obligations under Article 16 (2) of the Rental Housing Act.

The contract shall be terminated and the contract shall be restored to its original state upon the remainder of February 10, 2014.

2 If the Plaintiff invests KRW 100,000,000 to B between B and January 28, 2014, the Plaintiff shall pay KRW 120,000,000 to the Plaintiff as principal of the investment and profit, until February 7, 2014, on condition that the Plaintiff shall not pay the principal of the investment and profit by the said payment date.

참조조문

-임대주택법 제16조 제2항

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