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(영문) 서울중앙지방법원 2019.07.24 2019가합517317

매매대금반환

Text

1. As to KRW 1,300,000,000 among the Plaintiff and its KRW 200,000,000 among them, the Defendant shall pay to the Plaintiff KRW 1,100,000 from April 5, 2019.

Reasons

1. Basic facts

A. On January 2, 2018, the Plaintiff entered into a sales contract between the Defendant and the Defendant, under which the Plaintiff would purchase the land of KRW 372,558 square meters of C forest land (hereinafter “instant land”) owned by the Defendant at KRW 3 billion in the purchase price.

(hereinafter “instant sales contract”). Article 2-1 (Sale Price, etc.) The Plaintiff and the Defendant set the price of the instant land at three billion won in selling and buying and selling the instant land and the payment period is as follows:

1. The first down payment: To pay 200 million won simultaneously with the contract;

(Provided, That the amount of KRW 50 million is already paid on May 2, 2017, and the remaining KRW 150 million on May 13, 2017). 2. The second down payment is paid on May 13, 2017: 50 million on January 3, 2018.

3. Payment of an intermediate payment of KRW 1 billion on March 10, 2018 shall be made.

4. Balance: The remainder shall be paid on August 31, 2018 1.3 billion won.

Article 2-2 (Special Cases concerning Payment of Sales Price)

1. The defendant shall receive the second down payment and at the same time deliver a written consent to the use of land in relation to the authorization and permission of solar energy projects to the plaintiff and the corporation designated by the plaintiff.

Article 6 (Non-performance of Obligations and Compensation for Damages)

1. Where the performance of this contract is not possible due to the Plaintiff’s cause attributable to the Plaintiff, such as the failure to pay the balance, the Defendant will extend the payment date of the balance to October 31, 2018, and if the contract is not performed even if it is not performed, the contract shall be automatically terminated as of November 1, 2018 without any separate notice to the Plaintiff.

2. In the above case, each of the down payment paid KRW 700 million shall not be repaid to the Plaintiff, and shall be reverted to the Defendant as a penalty for termination of the contract, and the Plaintiff shall not raise any objection against this.

B. On the date of the contract, the Plaintiff paid the first down payment of KRW 200 million (20 million paid in lieu of the down payment), the second down payment of KRW 500 million on January 3, 2018, and the second down payment of KRW 900 million on April 4, 2018, the intermediate payment of KRW 50 million on April 20, 2018, and the intermediate payment of KRW 50 million on April 23, 2018, respectively.

C. The plaintiff and the defendant raise objection.