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(영문) 춘천지방법원 2016.08.17 2015가단3344

계약금반환

Text

1. The Defendant’s KRW 30,000,000 and its amount are 5% per annum from September 28, 2009 to May 12, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s ownership of 19,240 square meters of forest C and 215 square meters of the said D forest (hereinafter “instant real estate”) under the name of the Defendant, which was the representative of the Plaintiff.

B. On September 28, 2009, the Plaintiff: (a) purchased the instant real estate from the Defendant’s agent F with KRW 233,600,000; (b) concluded a sales contract for the said real estate with the Defendant’s agent; (c) KRW 30,000,000, the intermediate payment of KRW 20,000 on the date of the contract, and the intermediate payment of KRW 20,000,000, respectively, on December 29, 2009 (the remaining amount of KRW 173,60,000, without setting a separate payment date, was to be paid as if the money was subsequently prepared) (hereinafter “the instant sales contract”).

Article 2 (Transfer, etc. of Ownership) A seller of the terms and conditions of a contract shall deliver all documents necessary for the registration of ownership transfer to a buyer simultaneously with the receipt of the balance of the purchase price and cooperate with the registration procedures, and the delivery date of the said real

Article 5 (Cancellation of Contract) The seller may reimburse the seller of the intermediate payment (if there is no intermediate payment, the remainder) before the buyer pays the intermediate payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or a purchaser has defaulted on the terms and conditions of this contract, the other party may give written notice to the person who has defaulted and rescind the contract.

In addition, the parties to the contract may claim damages for the cancellation of the contract respectively to the other party, and the contract deposit shall be considered as compensation for damages unless otherwise agreed.

At the same time as the special agreement is entered into, the seller transfers all the trading authority to the buyer.

All necessary documents shall be executed.

C. The Plaintiff paid 30,000,000 won to the Defendant on the day of the instant sales contract.

(C) [Fact that there has been no dispute]. [Ground for recognition] The fact that there has been no dispute, described in Gap evidence 2, 3, and 4, the witness G's testimony, the purport of the whole pleadings.

2. The argument and judgment.