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(영문) 서울고등법원 2018.11.29 2018나321
손해배상(기) 등
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

.Article 5) Before the buyer pays the intermediate payment (if there is no intermediate payment agreement), the seller shall compensate for the amount equal to the down payment, and the buyer may waive the down payment and rescind this contract. Article 6) If the buyer or the buyer is in default under this contract, either party may demand in writing the other party who has defaulted his obligation to perform the obligation and rescind the contract in case the other party has failed to perform the obligation.

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.

When the buyer has not paid any balance to the seller by the payment date of the balance, the buyer may extend the payment date of the balance under this contract on condition that the buyer pays interest at the rate of 12% per annum of the balance to the seller.

Provided, That the period of extension shall be determined by mutual consultation.

* Matters of special agreement

1. The buyer may, at the request of the buyer, change the buyer under this contract, and the seller shall recognize this.

2.After the conclusion of this Agreement the buyer may at all times verify and the seller shall cooperate.

In the instant sales contract, there was a column that the Defendant affixed the seal of the seller along with the column that the Defendant affixed the seal as his agent.

At the time of the conclusion of the instant sales contract, the Defendant: (a) had the seal imprint in possession of (B)D, (B), and G; (b) but did not have the seal imprint of C, E, and H in Busan, which have the address in Busan; and (c) did not have the seal imprint (However, each proxy and the certificate of seal imprint for sale delegation had the power imprint and the certificate of seal imprint for sale delegation); and (d) stated that the Defendant would supplement the Plaintiff with the seal imprint for sale or the certificate

E. Upon the Plaintiff’s request, the Defendant: (a) sold each of the instant real estate from the instant trustor on July 28, 2016; and (b) the Defendant sold each of the instant real estate from the instant trustor.

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