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(영문) 제주지방법원 2018.05.28 2017가단53158

계약금반환 청구의 소

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1. The defendant is paid KRW 940,000,000 from the plaintiff and at the same time with respect to the amount of KRW 7038,000 in Jeju-si.

Reasons

1. Basic facts

A. On March 9, 2016, the Plaintiff (Buyer)’s agent entered into a real estate sales contract (hereinafter “instant sales contract”) with the Defendant as follows with respect to the land of KRW 7,038 square meters (hereinafter “instant land”) prior to C in Jeju-si owned by the Defendant.

o The seller shall compensate for the amount of the down payment of KRW 100,000 o deposit of KRW 100,000,000 (payment on the day of the contract) o deposit of KRW 940,000 (payment on May 4, 2016) for the amount of the down payment at the time of the termination of the contract, and the buyer shall not waive the down payment, demand the return of the down payment, and terminate this contract.

o Special-purposes: ① Transactions conducted by transfer method of a corporation according to the balance schedule due to the corporate tax, stock transaction tax, and acquisition tax issues.

(2) A transaction report at the time of transfer shall be a transaction report in the current stock price of 10 million won or more.

(3) The head office shall be changed within 30 days after any balance is paid.

(4) After the completion of transfer or acquisition transactions by a corporation, the seller is responsible for and resolved upon the occurrence of the unexpected bonds by the corporation.

B. The Plaintiff paid the Defendant the down payment amount of KRW 100,000 on the date of the contract, but failed to comply with the payment date. Accordingly, the Plaintiff’s agent D and the Defendant agreed to pay part of the remainder with the amount loaned as collateral. Accordingly, on June 7, 2016, the Defendant set up a collateral security right of KRW 910,000,000 on the instant land as the mortgagee and the maximum debt amount of KRW 910,000,000 to the Defendant as the obligor (hereinafter “the creation registration of a collateral security”) and appropriated the remainder as part of the remainder.

C. After June 28, 2016, the Defendant issued a certificate of content that the instant sales contract was revoked and the down payment was confiscated on the grounds that the Plaintiff failed to comply with the payment date of the remainder, and the said certificate reached the Plaintiff on July 1, 2016.

Accordingly, on July 10, 2016, the Plaintiff’s “Defendant” is the instant case.