beta
(영문) 수원지방법원 2015.09.23 2014나30152

부동산매매계약금

Text

1. Upon a claim changed in exchange at the trial, the defendant is paid KRW 75 million from the plaintiff.

Reasons

1. Facts of recognition;

A. On August 6, 2013, the Plaintiff entered into a sales contract with the Defendant with respect to the purchase price of KRW 16,529 square meters for B forest land B in Seosan-si (hereinafter “instant forest”) owned by the Defendant (hereinafter “instant sales contract”) and purchased KRW 85 million for the remainder of KRW 75 million at the time of the contract and the remainder of KRW 75 million at the time of the contract, respectively, to be paid on August 16, 2013 (hereinafter “instant sales contract”), and remitted the down payment of KRW 10 million on the same day to the Defendant’s account.

B. On August 16, 2013, the remainder payment date, the Plaintiff and the Defendant did not reach mutual agreement, and accordingly, the Plaintiff did not pay the remainder or deliver documents necessary for the registration of the Defendant’s transfer of ownership.

C. Article 5 of the instant sales contract provides that “A seller shall reimburse the seller of the intermediate payment (if there is no intermediate payment, any balance) before the buyer pays the intermediate payment to the seller, and the buyer may waive the down payment and rescind this contract.” Article 6 provides that “If the seller or the purchaser fails to fulfill the terms and conditions of this contract, the other party may demand in writing that the seller or the purchaser be notified of the default and rescind the contract. Furthermore, the contractual party may claim damages arising from the cancellation of the contract to the other party, and the contractual party shall be deemed as the basis for compensation for damages, unless otherwise agreed.”

On August 26, 2013, the Plaintiff sent to the Defendant a certificate of content that “The Plaintiff was preparing for the balance on August 16, 2013, which is the remainder payment date, according to the instant sales contract, but the Defendant’s unilateral notice of termination of the contract was found to have violated the contract. As such, the Plaintiff sent to the Defendant a certificate of content that “a sum of the down payment amount of KRW 10 million and the down payment of KRW 10 million and the down payment of KRW 10 million,000,000 to the Plaintiff’s account by September 6, 2013” (hereinafter “certificate of content of the instant case”).

E. The Plaintiff asserts that there was a monetary claim of KRW 20 million against the Defendant.