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(영문) 대구고등법원 2017.10.19 2016나26458
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. The plaintiff's primary claim and conjunctive claim are all dismissed.

3...

Reasons

1. The facts following the facts do not conflict between the parties, or can be found in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1 to 7, 13 (including the number of branch offices), Eul evidence Nos. 1 and 2.

The down payment of KRW 300 million shall be paid and received at the time of the contract and paid in March 31, 2016 for the balance of KRW 1,585,00,000.

A contract rescission: The buyer may reimburse the sum of the down payment to the seller until the buyer pays the intermediate payment to the seller (if there is no intermediate payment, the balance), and the buyer may waive the down payment and cancel this contract.

(Article 5 (A).

On February 28, 2013, the Plaintiff entered into a sales contract with the Defendants to purchase each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) in KRW 1,885,00,000 (hereinafter “instant sales contract”). The sales contract contains the following details as to the payment of the purchase price and the cancellation of the contract:

B. The following are stated in the special agreement attached to the instant sales contract:

(A) No. 1-2. Special agreement

1. The purchaser shall verify the current status of the real estate and the total public documents, and shall enter into a contract under the present condition;

2. The buyer shall pay at the time of the contract the down payment of KRW 50 million which is KRW 30 million, and transfer the amount payable at the time of the contract to the seller’s account (TB) by the 25th day of each month until the 300 million interest per month on the account of the lessee (D).

3. When the present lessee (D) shop is named, the unpaid down payment of KRW 250 million shall be paid to the seller.

4. If the buyer fails to pay any balance after three months of the current name of the lessee (D), he/she shall pay the current rent of 5.5 million won (including value-added tax) on the 15th of each month.

5. A contract shall be automatically terminated if the agreed monthly amount of three million won or more per month is deemed to be a cause attributable to the buyer in arrears for at least three months;

6. In the case of considering on the right side of the building (in the case of considering on the road, the present “F”).

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