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Reasons
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(영문) 서울고등법원 2016.08.17 2015나2051270
소유권이전등기
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On June 2, 2003, the Defendant concluded a contract with the Plaintiff to sell for KRW 5,152,513,000 the real estate listed in the separate sheet No. 1 (hereinafter referred to as “instant O real estate”) listed in the separate sheet No. 1 (hereinafter referred to as “instant real estate”) to the Plaintiff and B by private contract, and the Plaintiff and B paid KRW 520,000,000 to the Defendant as the down payment.

The parts directly related to the instant case among the terms of the instant sales contract are as follows.

Article 1 The defendant shall sell the real estate of this case to the plaintiff and B as KRW 5,152,513,000.

Article 2 (1) The plaintiff and B shall pay 520,000,000 won to the defendant on the date of concluding a contract, in case where the proceeds of sale under Article 1 are equivalent to not less than 1/10 of the proceeds

(2) When this contract is cancelled, the sale price paid pursuant to paragraph (1) shall be deemed the contract bond.

Article 3 (1) The plaintiff and B shall pay 4,632,513,00 won until July 31, 2003.

When Article 5 (1) and B fall under any of the following subparagraphs, the defendant may cancel this contract:

1. If the sale price is not paid by the specified time limit, Article 6 (1) If this contract is cancelled pursuant to Article 5, the plaintiff and B shall waive the amount paid pursuant to Article 2, and immediately return the purchase property to the defendant, and shall be liable for restoration and compensation

Article 7 (1) and (2) shall be transferred after full payment of the sale price, and the costs of transfer shall be borne by the plaintiff and B.

B. The Plaintiff and B did not pay the remainder after July 31, 2003, which is the payment date of the remainder, and the Defendant urged the Plaintiff and B to pay the remainder on October 10, 2003, November 29, 2003, and February 11, 2004.

On March 8, 2004, the Plaintiff and B promised to pay the remaining amount to the Defendant by April 30, 2004.

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