계약금반환 등 청구의 소
1. The defendant shall pay 63,50,000 won to the plaintiff and 12% per annum from July 4, 2019 to the day of complete payment.
1. Facts of recognition;
A. On November 2, 2016, the Plaintiff and C concluded the instant sales contract with the Defendant for the purchase price of KRW 285,00,000 with respect to the D ground E (hereinafter “instant real estate”) located in Yongsan-gu, Yongsan-gu (hereinafter “instant sales contract”).
The main contents are as follows:
2. The time when the sale and purchase price and the price of the above real estate in accordance with Article 1 of the contents of the contract are made and the price of the sale and purchase shall be as follows:
-The first 28.5 million won of down payment shall be paid and received at the time of the contract. - The second 70 million won of down payment shall be paid on December 15, 2016.
- Loans of KRW 170 million shall be executed on the balance date and shall be included in the balance.
Article 5 (Buyer) In the event that the contract is terminated by the seller, he shall pay to B the amount of the down payment, and in the event that the contract is not fulfilled by B, he shall unilaterally cancel this contract, belong to A the down payment without any peremptory notice, and B shall not raise any civil or criminal objection.
B. On November 2, 2016, the Plaintiff and C paid the Defendant KRW 98,50,000,000 as the sales price of the instant sales contract, including KRW 10,000,000 on November 7, 2016, KRW 18,50,000 on November 7, 2016, and KRW 70,000 on December 15, 2016.
C. On July 25, 2018, the Defendant completed the registration of ownership transfer in the name of the Defendant with respect to the instant real estate, and completed the registration of ownership transfer in the name of the FF corporation due to the same day trust.
The Defendant promised to move into the instant real estate by June 2017 to the Plaintiff, but failed to comply with it.
In addition, the Defendant promised to complete the registration of transfer of ownership with respect to the instant real estate by October 5, 2018. However, the Plaintiff urged the Defendant to implement the registration of transfer of ownership with respect to the instant real estate through several times, which was prepared for loan execution and payment of remainder, but the Defendant refused to execute the registration of transfer of ownership with respect to the instant real estate if the Plaintiff additionally pays KRW 50 million in addition to the sale price.
Accordingly, the Plaintiff.