매매대금반환
1. As to KRW 69,00,000 among the Plaintiff and KRW 5,000,000, the Defendant shall pay to the Plaintiff KRW 64,000,000.
1. In full view of the purport of the entire pleadings, the following facts can be acknowledged in regard to each entry of evidence Nos. 1-1 and 2-1 of the judgment as to the cause of the claim.
On April 11, 2015, the Plaintiff and the Defendant concluded a sales contract to purchase two-story housing (hereinafter “instant real estate”) on the land of 222.8 square meters in Gangdong-gu Seoul Special Metropolitan City (hereinafter “instant real estate”) owned by the Defendant, with the purchase price of KRW 1,200,000,000, and the down payment of KRW 80,000,000, intermediate payment of KRW 60,000,000, and the remainder of KRW 1,060,000 (hereinafter “instant sales”).
B. According to the evidence No. 1-1 (the instant sales contract), under the sales contract, KRW 80,000,000 on the date of the contract, the contract deposit was paid to KRW 5,000,000 on April 14, 2015, and the intermediate payment was agreed to pay KRW 40,000,000 on April 21, 2015, respectively. The intermediate payment was paid by June 24, 2015, and the remainder by July 6, 2015.
C. Articles 5 and 6 of the instant sales contract provide for the following:
Article 5 (Cancellation of Contract) The seller may compensate the seller for the amount double the down payment until the buyer pays the intermediate payment (if there is no 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 purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and cancel the contract.
In addition, the parties to the contract may claim damages from the other party due to the termination of the contract, and the contract deposit shall be considered as the basis for compensation for damages, unless otherwise agreed.
On April 11, 2015, the Plaintiff and the Defendant drafted a written agreement (Evidence A5) separate from the instant sales contract, and contain the following:
1. A monthly rent contract for the second floor: 1,50 million won monthly rent of 1,50 million won;
2. A contract where a lessee concludes a lease contract with himself/herself prior to the outstanding transaction under paragraph (1).