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1. The plaintiff's appeal and the defendant A's appeal are all dismissed.
2. The plaintiff's conjunctive claim was added at the trial.
Reasons
1. Basic facts
A. The Plaintiff and Defendant A’s down payment of KRW 175,00,000 for the down payment of KRW 150,000 for the intermediate payment of KRW 150,000 on April 20, 2016 and the remainder of KRW 1,475,00,000 shall be paid on May 20, 2016.
Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer at the same time as the balance of the purchase price is received, and shall cooperate with the procedure for the registration (hereinafter referred to as "Extinguishment of a limited real right, etc.). Article 3 (Cancellation of a Right)
except in cases of rights and amounts agreed to succeed.
Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or a purchaser has defaulted on the terms and conditions of this contract, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.
The parties to a contract may claim respectively to the other party for damages arising from the cancellation of contract, and the down payment shall be considered as the basis for compensation for damages, unless otherwise agreed.
1) On March 31, 2016, the Plaintiff’s respective real estate listed in the separate sheet from Defendant A (hereinafter “each of the instant real estate”).
2) The sales contract of this case (hereinafter referred to as “the first sales contract of this case”) to purchase 1.8 billion won for the purchase price.
The contents relating to the instant case are as follows:
(2) The Plaintiff respectively paid the Defendant A the down payment of KRW 175,00,000 on the day of the contract, and the intermediate payment of KRW 150,000,000 on April 20, 2016.
B. The provisional attachment registration of each real estate of this case was entered, and the Hyundai Lao Bank Co., Ltd. (hereinafter “Modot Bank”) is the Gwangju District Court 2016Kadan50605.