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(영문) 서울고등법원 2019.06.12 2018나2034498
계약금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

Reasons

1. The facts subsequent to the fact-finding may be acknowledged either in dispute between the parties or in full view of the purport of the entire pleadings in relation to Gap evidence Nos. 2, 3, and 5 (including each number), Eul evidence Nos. 1 and 2, and the fact-finding inquiry reply to the astronomical market in the first instance trial.

On January 25, 2010, the Plaintiff entered into a sales contract with Defendant B to purchase each of the lands listed in the separate sheet Nos. 1 through 5 from Defendant B, and paid 300 million won down payment to Defendant B on the same day.

B. On January 25, 2010, the Plaintiff entered into a sales contract with Defendant C to purchase each of the lands listed in Articles 6 through 11 of the attached Table 6 to KRW 2.36,282,00 (hereinafter referred to as “each of the instant sales contracts,” collectively with the sales contract listed in the attached Table 6 through 11), and paid the down payment of KRW 200 million to Defendant C on the same day.

(hereinafter referred to as “the down payment of this case” in total of KRW 300 million and KRW 300 million.

The main contents of each of the instant sales contracts are as follows.

Article 1 In the sale of the above real estate, the timing to pay the purchase price and the purchaser shall be as follows:

Any balance shall be paid in June 30, 2010.

Article 5 (Cancellation of Contract) In the event that the buyer does not have an intermediate payment (if there is no intermediate payment agreement, the seller shall compensate for the remainder of the down payment, and the buyer may waive the down payment and cancel this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or a buyer has any non-performance of obligations under this Agreement, one of the parties to the contract may notify in writing the other party who has failed to perform the obligation, and may rescind the contract in case of non-performance

In such cases, the seller and the buyer may claim damages from the other party respectively, and the standards of Article 5 shall apply unless otherwise agreed on the damages.

Matters of special agreement

7. The buyer, for any reason, shall be not later than September 30, 2010.

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