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(영문) 대전지방법원 2019.05.17 2018나109330
소유권이전등기
Text

1. The plaintiff's appeal is all 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. Basic facts

A. On October 10, 2016, the Plaintiff entered into a sales contract with the content that the Defendants purchase forest land as stated in the purport of the claim and appeal that the Defendants shared 1/2 shares (hereinafter “instant forest”) (hereinafter “instant contract”), and paid the down payment amount of KRW 40 million on the same day.

The main contents of the above contract are as follows:

The purchase price is KRW 4.3 million, and the down payment is KRW 4.4 million, and the remainder KRW 3.9 million shall be paid on April 10, 2017 when concluding a contract.

Where a buyer has no intermediate payment (if there is no intermediate payment, the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind the contract.

(hereinafter “this case’s contract”). The remainder shall be six months from the contract date and the remainder shall not be refunded to the buyer if the remainder is not paid by the payment date of the remainder (hereinafter “instant special agreement”). B.

(2) On December 6, 2016, the Plaintiff deposited KRW 40,000 in total to the financial account of the Defendants without the due date for the remainder payment and the return of the down payment. (3) The Defendants deposited KRW 40,000,000 in the financial account of the Defendants.

3) The Defendants, on January 5, 2017, remitted the sum of KRW 40,00,000,000 to the Plaintiff’s account on January 11, 2017, and KRW 80,000,00,000,000 to the Plaintiff account. Around that time, the Defendants expressed the Plaintiff’s intent to rescind the instant contract by paying the amount of the down payment as the cancellation fee. On January 16, 2017, the Defendants again sent the Plaintiff the proof of the content that stated the said content. [Grounds for recognition] The Defendants did not dispute [Grounds for recognition], and each of the statements (including the provisional number, and the purport of the entire pleadings) as indicated in the evidence Nos. 1 through 4, 1, 2, 5

2. According to the above facts of determination as to the cause of the claim, the defendants are individually 200 million won from the plaintiff according to the contract of this case unless there are special circumstances.

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