매매대금반환
1. As to KRW 93,600,000 and KRW 78,000 among them, the Defendant shall pay to the Plaintiff the year from February 28, 2013 to July 20, 2015.
1. On January 25, 2013, the Plaintiff and the Defendant concluded a sales contract with the Defendant to purchase KRW 156 million of the price of KRW 42 square meters among the 54,231 square meters of forest land B in Chungcheongnam-si District B from the Defendant.
In the event of cancellation of a contract, the contract deposit of KRW 15.6 million was agreed to be a penalty.
The Plaintiff paid the Defendant the down payment of KRW 15.6 million on the day of the contract, and KRW 62.4 million on February 28, 2013.
The above forest land is not owned by the defendant, and among them, C's 18482/54231 shares are transferred to D on June 19, 2015 due to the sale by voluntary auction, etc., the defendant is unable to perform his/her duty to transfer the ownership of the subject matter to the plaintiff.
On July 20, 2015, a copy of the complaint of this case containing the Plaintiff’s declaration of intent to cancel the sales contract on the grounds of impossibility of performance due to the Defendant’s cause attributable to the Defendant was served on the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5, the purport of the whole pleadings
2. The Defendant’s obligation under the sales contract was impossible to perform the obligation due to the Defendant’s fault, and the sales contract was lawfully rescinded by being served on the Defendant with a duplicate of the complaint in this case.
Therefore, the defendant is liable to return the down payment and intermediate payment to the plaintiff and pay the penalty.
3. Therefore, the Defendant concludes that with respect to the Plaintiff KRW 93.6 million (the intermediate payment of KRW 15.6 million) and KRW 78 million in total, the down payment, the intermediate payment, and the intermediate payment, 5.5% per annum from February 28, 2013 to July 20, 2015, the delivery date of a duplicate of the instant complaint, 20% per annum from the following day to September 30, 2015; 15% per annum from the next day to the day of full payment; 15% per annum from the date of full payment to September 30, 2015; 20% per annum from the following day of the instant complaint to the day of full payment; 1,5.6 million per annum from July 21, 2015 to September 30, 2015; and 15% per annum from the following day to the day of full payment.