beta
(영문) 의정부지방법원 2021.03.25 2019나216115

약정금

Text

1. The defendant's appeal is dismissed.

2. The appeal cost (including the cost of filing an application for the return of provisional payments) shall be borne by the Defendant.

Reasons

1. Basic facts

A. On January 8, 2009, the Plaintiff purchased C miscellaneous land of KRW 40,122 square meters and KRW 5640 square meters in D miscellaneous land of KRW 130,000,000 and completed the registration of transfer of ownership on the following day, and cultivated crops on each land of this case from around that time.

B. On June 28, 2017, the Defendant purchased each of the instant lands from the Plaintiff for KRW 600 million (hereinafter “the instant sales contract”); KRW 30 million out of KRW 200 million for down payment; immediately; KRW 170 million as of July 5, 2017; and KRW 400 million as of September 27, 2017; and the Plaintiff provided all documents necessary for the Defendant to obtain the authorization and permission of the government agency after receiving the down payment amount of KRW 200 million; and the Defendant, upon obtaining the authorization and permission, agreed to pay the balance within 10 days thereafter even before the outstanding payment period.

(c)

After receiving down payment of KRW 200 million from the Defendant, on September 25, 2017, the Plaintiff obtained permission to construct one house in the name of the Plaintiff and prepared a written consent to the use of each land of this case to the Defendant, thereby allowing the Defendant to obtain permission to construct one house in the name of the Defendant.

(d)

On January 8, 2018, the Plaintiff did not pay any balance to the Defendant until the expiration date of the remainder payment period, and kept all necessary documents for the transfer of ownership of each land of this case to E-certified judicial scrivener. Therefore, the Plaintiff’s transfer of KRW 400 million to the Plaintiff’s agricultural bank account and received the documents, and if the remainder is not paid by January 22, 2018, it would withdraw down payment KRW 200 million.

“The notice was given.”

E. On February 8, 2018, the Plaintiff received the remainder of KRW 400 million from the Defendant, and then delayed the contract date of the instant sales contract with the Defendant as of December 12, 2017, and concluded a contract with the Defendant, which reads the sales amount of KRW 1 billion as of December 12, 2017 (hereinafter “instant contract for increase”), and each of the instant contracts with the Defendant on February 9, 2018. < Amended by Act No. 15308, Feb. 9, 2018>