계약금 등 반환 청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3.Paragraph 1 of the text of the judgment of the court of first instance shall be subject.
Basic Facts
On October 13, 2015, the Plaintiff entered into a sales contract with the Defendant for D102 (hereinafter “instant building”) of a building D102 (hereinafter “instant sales contract”) other than Seopo-si and Seopo-si (hereinafter “instant building”). On the same day, the Plaintiff paid the down payment KRW 360 million to the Defendant.
The main contents of the instant sales contract are as follows.
Display of an object: The scheduled date for use on December 31, 2015: The sale price to be paid by the Plaintiff (Defendant) on January 31, 2016 (sale Price and Method of Payment) ① The sale price to be paid by the Plaintiff (Plaintiff) shall be as follows:
(2) A shall pay the sale price under paragraph (1) to B as follows:
(1) Contract deposit: The remainder of KRW 450 million (2) prior to October 13, 2015: (a) the full payment / 450 million prior to January 31, 2016; and (b) Article 13 (Cancellation of Contract) the amount of KRW 450 million prior to January 31, 2016.
Provided, That this shall not apply in cases where the above completed land, etc. can be used by any other condominium, resort, or hotel other than this set, due to unavoidable reasons.
The Plaintiff paid KRW 200 million to the Defendant on January 20, 2016, and KRW 140 million on January 28, 2016 as the sales price under the instant sales contract.
However, the Defendant could not use the instant building even after January 31, 2016, which was the scheduled date for the Plaintiff to use due to the delay in the construction of the instant building.
Accordingly, on July 7, 2016, the Plaintiff received a balance of KRW 200 million from July 14, 2016, along with a bank’s balance certificate, to the Defendant, and made the Plaintiff use the instant building at the same time, and issued documents necessary for the registration of transfer of ownership.
If the sales contract in this case is automatically cancelled by July 14, 2016.
proof of its purport that it is ".."