기타(금전)
1. The Defendant’s KRW 80,000,000 as well as its annual 15% from September 20, 2018 to May 31, 2019 to the Plaintiff.
1. Facts of recognition;
A. On June 16, 2018, the Defendant’s wife (hereinafter “instant sales contract”) concluded a sales contract with the Plaintiff on behalf of a licensed real estate agent D with respect to a parcel outside Busan Southern-gu E (hereinafter “instant site”) and its ground building (hereinafter “instant building”).
The Plaintiff transferred KRW 10,000,000 on the same day to the Defendant’s account under the name of contract deposit, and KRW 30,000,000 on June 18, 2018.
Some of the terms of the instant sales contract are as follows.
The purchase price of KRW 415,00,000: 40,000 for down payment: KRW 50,000 for intermediate payment, KRW 50,00 for intermediate payment, July 16, 2018; and KRW 325,00,000 for the remainder of KRW 325,000 for each payment on October 19, 2018.
Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the transfer registration of ownership to the buyer at the same time as the balance of the purchase price is received, and shall cooperate with the registration procedure, and the date of delivery of the said real estate shall be October 19, 2018.
Article 6 [Presumed Performance of Obligations and Compensation for Damages] If a seller or buyer fails to perform any of the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted, and cancel the contract.
In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.
[Matters of Special Agreement]
9.A down payment of KRW 40 million shall be paid at the time of a contract and the remainder of KRW 30 million shall be deposited on June 18.
B. On July 2, 2018, the Defendant sent a content-certified mail to the Defendant, stating that “The instant sales contract was concluded regardless of the Defendant’s intent, and the Defendant did not intend to sell the instant site and building, and thus, intended to return down payment KRW 40,000,000.”
C. On July 10, 2018, the Plaintiff entered into the instant sales contract with the Defendant lawfully.