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(영문) 서울고등법원 2016.04.22 2015나2072499
손해배상(기)
Text

1. Revocation of the first instance judgment.

The Defendant’s KRW 91,138,497, and KRW 60,00,00 and each of the said money to Plaintiff A.

Reasons

1. Basic facts

A. On October 15, 2013, the Plaintiffs shared 1/2 shares of E Apartment-dong 4803 (hereinafter “instant real estate”) located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant real estate”).

As to the instant real estate, ① the establishment registration of a new bank, debtor A, and maximum debt amount of KRW 810,00,000, the establishment registration of a new bank, debtor A, and maximum debt amount of KRW 110,000, 200,000,000,000,000,000 prior to the establishment registration of a mortgage, (3),00,000,000,000,000,000 (hereinafter “the establishment registration of each of the instant mortgages”) was completed.

B. On October 15, 2013, the Plaintiffs concluded a sales contract with the Defendant to sell the instant real estate in KRW 1.3 billion (hereinafter “instant sales contract”).

The main parts of the terms in the sales contract of this case are as follows.

Article 1 The defendant shall pay KRW 1,300,000 as follows.

The down payment of KRW 130,000,000 shall be paid at the time of the contract.

An intermediate payment of KRW 500,000,000 shall be paid in October 28, 2013.

Any balance of 670,000,000 won shall be paid on December 2, 2013.

Article 2 Upon receiving any balance of the purchase price from the Defendant, the Plaintiffs shall deliver all documents necessary for the registration of transfer of ownership to the Defendant and cooperate with the registration of transfer, and deliver the instant real estate on December 2, 2013.

Article 5 (Until the Defendant pays the intermediate payment (if there is no intermediate payment, the remainder) to the Plaintiffs, the Plaintiffs shall compensate for the amount double of the down payment, and the Defendant may waive the down payment and rescind the contract.

Article 6 If there is a default under this Agreement, the other party may give written notice to the default and rescind the contract.

The parties to the contract may claim damages from the other party due to the cancellation of contract.

Unless otherwise agreed.

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