계약금등 반환
1. As to KRW 229,818,770 among the Plaintiff and its KRW 199,920,00, the Defendant shall pay to the Plaintiff KRW 229,818,770 from August 24, 2017.
1. On August 18, 2017, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 60,000,000 (hereinafter “instant real estate”) out of KRW 18,657.5 square meters in leisure time, and the contract deposit of KRW 20,00,000 shall be paid at the time of the contract, and the remainder of KRW 184,000,000 shall be paid until August 24, 2017. The Plaintiff did not pay the purchase price of KRW 199,920,000 until August 24, 2017 (hereinafter “instant sales contract”). However, the Defendant did not pay the purchase price of KRW 19,920,00 until August 24, 2017; and did not pay the purchase price of KRW 198,709,708,709,7087, etc. for the purpose of acquisition tax on October 18, 2017.
Accordingly, on December 27, 2017, the Plaintiff declared to the Defendant the rescission of the instant sales contract, and the instant sales contract was terminated on January 15, 2018. Therefore, the Defendant is obligated to pay the purchase price and acquisition tax totaling KRW 209,818,770, and penalty totaling KRW 20,000 and KRW 20,000 under Article 4 of the instant sales contract as well as delay damages.
2. Article 208 (3) 1 and Article 257 (1) of the Civil Procedure Act of a judgment without holding any pleadings.
3. On January 15, 2018, the Plaintiff seeking damages for delay from the date following the cancellation of the instant sales contract for penalty of KRW 20,000,000, but the damages for delay due to the cancellation of the contract are damages for delay on the date following the date on which the claim for performance is filed, since the damages for delay due to the cancellation of the contract is an obligation with no fixed deadline, and thus, the damages for delay is recognized as from January 31, 2018 on the day following the date on which the copy