계약금반환및위약금
1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On April 17, 2015, the Plaintiff entered into a contract with the Defendant to purchase KRW 310 million of the purchase price of KRW 505,00,00 in Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant contract”) and paid KRW 500,000 to the Defendant on the day of the provisional contract, and thereafter, the Defendant would have entered into the sales contract on the day of the provisional contract, and thereafter, returned the provisional contract amount paid to the Defendant. However, the Defendant’s refusal of the contract did not conflict between the parties.
2. The assertion and judgment
A. Although the Plaintiff’s claim did not conclude a sales contract to the Defendant, the Defendant was refused to return the provisional contract amount, and sought to proceed again to the sales contract of this case, but the Defendant also rejected the contract.
The down payment under the instant sales contract is 20 million won. Since the sales contract was cancelled due to the Defendant’s cause attributable to the Defendant, the Defendant is obligated to pay the Plaintiff the sum of KRW 20 million equivalent to the down payment and KRW 25 million in the provisional contract amount already paid by the Plaintiff.
B. In light of the reasoning of the judgment, the evidence submitted by the Plaintiff alone cannot be deemed to have been rescinded due to the Defendant’s fault, and there is no other evidence to acknowledge this.
Rather, according to the above facts, after the conclusion of the instant sales contract, the Plaintiff, the buyer of the instant sales contract, declared his/her intention to cancel the contract without any special grounds for cancellation, and in such cases, it is reasonable to deem that the Plaintiff renounced the down payment already paid and exercised the right of rescission. Therefore, the Defendant cannot seek the return of KRW 5 million paid as part of the down payment
I would like to say.
3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is without merit.