계약금 반환 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
Division 101 Of the total sale price of Nos. 107 Nos. 108, B206, the sale price of KRW 618,100,00 KRW 735,515,000 KRW 595,535,535,000 KRW 790,620,6200 KRW 61,810,810,000 KRW 73,52,500 KRW 59,54,000 KRW 79,54,000 KRW 79,62,000 KRW 273,978,000 KRW 661,963,00,00 KRW 535,00 KRW 71,50,508,000 KRW 711,500,000 KRW 20,508,00 KRW 271,2781,297, Feb. 1, 2007
On August 6, 2015, prior to the conclusion of the instant sales contract, the Plaintiff paid KRW 9 million to the Defendant as a provisional contract deposit. On August 17, 2015, the date of the instant sales contract, the sales contract, all of which paid KRW 264,978,00 for the remainder down payment.
The Defendant determined the outstanding payment date of the sales price under the instant sales contract as of October 27, 2015, which was the expiration date of the occupancy designation period, and notified the Plaintiff thereof, but the Plaintiff did not pay any balance by the said deadline.
Accordingly, the Defendant notified the Plaintiff that “if the sales contract does not pay the balance of the sales price by February 25, 2016, the sales contract in this case is automatically rescinded.”
In February 25, 2016, the Plaintiff failed to pay the remainder of the sales price and the interest in arrears. On March 15, 2016, the Defendant notified the Plaintiff on March 15, 2016 that “the instant sales contract was automatically rescinded as of February 26, 2016, and the down payment paid by the Plaintiff was reverted to the Defendant as penalty for breach of contract.”
[Reasons for Recognition] Fact-finding, Gap evidence 2-1 to 4, Gap evidence 8-1, 2, 3, Gap evidence 14, and 18-18, and the plaintiff's assertion as to the whole purport of the argument as a whole, the defendant concluded the contract for sale in this case with the plaintiff and entered into the contract for sale in this case with the plaintiff, and "new bank".
(b).