계약금 반환
1. The plaintiff's appeal is 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.
1. On March 12, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 165 square meters (hereinafter “instant land”) out of KRW 66,631 square meters in Seongbuk-gu, Sungnam-si (hereinafter “instant land”). The Plaintiff entered into a sales contract with the Defendant to purchase KRW 84 million (hereinafter “instant sales contract”). The main content of the instant sales contract is as follows.
Article 3 If the seller has neglected the contract deposit, he shall compensate the buyer for the double of the contract deposit with the penalty, and if the buyer has neglected the contract deposit, he shall be regarded as a penalty for the down payment, and lose
Article 8 The purchaser shall confirm the overall conditions and conditions of the above real estate before purchasing the above real estate, and then conclude a fixed contract at his/her own will, and may not raise an objection to the purchase price and other conditions of the above land after concluding the contract.
[Ground of recognition] Facts without dispute, evidence No. 2, purport of the whole pleading
2. Determination as to the cause of action
A. At the time of entering into the instant sales contract with the Defendant, the Plaintiff asserted that the instant sales contract can be cancelled at any time after an on-site investigation.
Since the Plaintiff determined that the land was not invested and notified the Defendant of the rescission of the instant sales contract after the on-site inspection of the land, the Defendant is obligated to pay the Plaintiff the down payment of KRW 6 million and the delay damages for the said payment.
B. The evidence submitted by the Plaintiff alone is insufficient to recognize that there was a verbal agreement between the Plaintiff and the Defendant as alleged by the Plaintiff at the time of the instant sales contract, and there is no other evidence to acknowledge it.
Rather, according to the evidence No. 2, the Plaintiff confirmed the overall circumstances and conditions of the instant land and concluded the instant sales contract according to the Plaintiff’s intent. The Plaintiff and the Defendant appear to have concluded the instant sales contract.