매매대금 반환 등
1. As to KRW 400,000,000 and KRW 300,00,000 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from September 22, 2017 to March 5, 2018.
1. Facts of recognition;
A. On August 23, 2017, the Plaintiff decided to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant from the Defendant for KRW 740 million. The down payment amounting to KRW 100 million on the date of the contract, the intermediate payment of KRW 200 million on September 22, 2017, and the intermediate payment of KRW 440 million on November 22, 2017, the Plaintiff agreed to pay the remainder of KRW 400 million to the Plaintiff on November 22, 2017. Meanwhile, the Defendant agreed to transfer the ownership of the instant real estate to the Plaintiff on November 22, 2017, when the provisional registration under the Defendant’s father’s name, which was completed the instant real estate, was cancelled.
(hereinafter “instant sales contract”). B.
Among the special terms and conditions of the contract concerning the contract of this case, "the purchaser applies for a building permit in the name of the seller after the mid-term payment (the purchaser bears the burden of expenses), the seller provides documents necessary for the building permit (written consent for land use, certificate of personal seal impression, and other necessary documents). The purchaser changes the name of the purchaser after the remainder date, and the seller provides documents necessary therefor on the balance date." Meanwhile, Article 6 of the contract concerning the contract of this case provides that "if the seller or the purchaser fails to perform the terms and conditions of this contract, the other party may notify in writing the person who has failed to perform the contract and cancel the contract." In addition, the contracting party may claim damages due to the termination of the contract, and the contract party shall be deemed as compensation for damages, unless otherwise agreed."
C. On August 23, 2017, the date of the instant sales contract, the Plaintiff paid KRW 100 million to C representing the Defendant as the father of the Defendant, and paid KRW 200 million on September 22, 2017, the date of the intermediate payment, to the Defendant.
The Plaintiff is a community credit cooperative on November 22, 2017, the outstanding payment date of the instant sales contract.