매매대금반환
1. The Defendant’s KRW 250,000,000 as well as 5% per annum from December 18, 2014 to June 25, 2015 to the Plaintiff.
1. Basic facts
A. On May 22, 2014, the Plaintiff purchased, from the Defendant, a land of 30 million square meters in C, 222 square meters (hereinafter “instant land”) and a multi-family house (hereinafter “instant building”) under construction on the land owned by the Defendant. The construction of the instant building is to deliver the instant land and buildings to the Plaintiff on August 29, 2014 following the Defendant’s continued completion. The Plaintiff concluded a sales contract that KRW 100 million in an intermediate payment shall be paid respectively to the Defendant on June 16, 2014 (hereinafter “instant contract”). The main contents of the instant contract are as follows.
(1) Where a seller or purchaser fails to fulfill the terms and conditions of this contract, 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 the basis for compensation for damages unless there is a separate agreement on the damages (Article 6).
(3) A seller shall, after entering into a contract, succeed in advance to the registration of the land to the buyer.
(4) The seller, at the time of completion of the building, will cancel the contract at the end of cancelling the amount of 240,000,000 won (debtor D), and will terminate the contract at the end of not performing the contract.
(3) 5) undertake to implement the following:
(Attached Special Agreement No. 5). At the same time, the transfer of a building site shall be made, and the registration of ownership preservation shall be made in the future of the purchaser.
The remainder shall be paid by making a loan immediately after the completion of the building, and the deposit for the tenant shall be settled by the seller.
B. Under the instant contract, the Plaintiff is down payment to the Defendant on the date of the contract.