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Title
Penalty received by termination of a contract shall be paid for breach of contract after cancellation of contract.
Summary
Since the contract for sale in lots was cancelled and the penalty was paid, the penalty shall not be deemed as the penalty for the cancellation of the contract for sale in lots, and it shall not be deemed as the penalty for delay in moving into the house, and the statutory interest on the original payment shall be included in the range of restitution under Article 548 of the Civil Act. Therefore, it is difficult to view it as
Cases
2018du4316 Global income and revocation of such disposition.
Plaintiff-Appellant
arA et al. 14
Defendant-Appellee
Head of Gangnam District Tax Office other than
Judgment of the lower court
Seoul High Court Decision 2017Nu40541 Decided April 6, 2018
Imposition of Judgment
August 16, 2018
Text
All appeals are dismissed.
Costs of appeal shall be borne by each party.
Reasons
Examining the lower judgment and the grounds of appeal, the allegation of the grounds of appeal by appellant is in the final appeal procedure.
Since it is apparent that there is no reason for falling under Article 4 of the Act on Special Cases Concerning the Law, an appeal under Article 5 of that Act
All of them are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.