서울남부지방법원 2020.07.02 2019가단19690

매매계약 해지에 따른 위약금 청구


1. The plaintiff's claim is dismissed.

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


1. Basic facts

A. The Defendant, as the owner of the Guro-gu Seoul Metropolitan Government C large-scale 86С and its ground buildings (hereinafter “instant real estate”), requested D Licensed Real Estate Agents’ Office (Licensed Real Estate Agent E) to sell the instant real estate.

B. On August 1, 2019, E sent a phone call to the Defendant that there was a purchaser of the instant real estate, and the Defendant notified E of his account numbers.

C. On August 1, 2019, the Plaintiff remitted KRW 10 million to the Defendant.

On August 5, 2019, the Defendant expressed his intention not to sell and purchase the instant real estate to E, and on the same day, visited the Plaintiff’s F Licensed Real Estate Agent Office to return KRW 10 million paid by the Plaintiff.

E. The Plaintiff refused to return KRW 10 million from the Defendant, and on August 9, 2019, the Defendant deposited KRW 20 million as Seoul Southern District Court deposited KRW 3460,000,000, as the principal deposit account in Seoul Southern District Court in 2019.

F. The Plaintiff: (a) on August 12, 2019, the Defendant; and (b) on the instant real estate, KRW 3777 million [the contract amount: KRW 30 million (the payment of KRW 10 million on August 1, 2019, which is the date of the contract, KRW 20 million on August 9, 2019, which is the date of the contract: The payment on August 9, 2019, and the remainder date: September 30, 2019; the scheduled date for the preparation of the contract: the contract was concluded on August 5, 2019; and thus, (c) the terms and conditions of the contract were faithfully fulfilled.

G. On October 7, 2019, the Plaintiff sent a content-certified mail stating the content-certified mail. On September 7, 2019, the Plaintiff sought to the Defendant on September 30, 2019, and sought to the D Licensed Real Estate Agent Office on September 30, 2019, which was the remaining payment date, but the Defendant failed to pay the balance of the purchase price. As the instant real estate was terminated due to the Defendant’s failure to appear, the Plaintiff paid KRW 60,000,000, an amount twice the down payment by October 10, 2019.

H. On October 10, 2019, the Defendant sent to the Plaintiff a content-certified mail stating the content-certified mail. On October 11, 2019, the Defendant transferred KRW 10 million to the Plaintiff, and on the 11st of the same month, the Plaintiff did not enter into a sales contract for the instant real estate.