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Reasons
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(영문) 대전고등법원 (청주) 2018.01.23 2017나5199
손해배상(기)
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1.The judgment of the first instance, including the claims for the principal action altered at the trial, shall be modified as follows:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an incorporated foundation established for the purpose of carrying out traditional culture and cultural heritage-related projects, etc., and the Defendant is the owner of 2,549 square meters prior to Seo-gu, Seo-gu, Seo-gu, Seo-gu (hereinafter “instant land”).

B. On September 17, 2015, the Plaintiff entered into a sales contract with the Defendant to purchase the instant land at KRW 770,000,000 (hereinafter “instant sales contract”). Under the instant sales contract, the Plaintiff paid KRW 80,000 for the same day down payment, and KRW 200,000 for the intermediate payment on October 26, 2015, respectively. The main contents of the instant sales contract are as follows.

2. The sales amount of KRW 770,000,00 in terms of the contract - down payment of KRW 80,000 in down payment - The first intermediate payment of KRW 200,000 shall be paid on October 26, 2015.

- The second intermediate payment of KRW 200,000,000 shall be paid on December 30, 2015.

- The remainder 290,000,000 won is written on March 26, 2016 in the real estate sales contract (Evidence A2) (Evidence A) as of March 26, 2015. However, it appears that it appears to be a clerical error as of March 26, 2016. The Defendant shall deliver all documents necessary for the registration of ownership transfer to the Plaintiff upon receipt of the remainder of the purchase price and cooperate in the registration procedure, and the delivery date of the said real estate shall be March 26, 2016 (a special agreement).

1. The current status of the land and the verification and conclusion of the certificate for registered matters;

3. The plaintiff shall pay 200 million won the first intermediate payment to the seller and at the same time make a registration of the right to claim transfer of ownership to the seller, and the defendant shall cooperate with the payment.

C. According to the instant sales contract, the Defendant registered the right to claim ownership transfer on October 26, 2015 with respect to the instant land to the Plaintiff (hereinafter “the instant provisional registration”).

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