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(영문) 울산지방법원 2017.12.13 2017가단3207

계약금반환

Text

1. On November 4, 2015, the Plaintiff (Counterclaim Defendant) on real estate stated in the separate sheet to the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On November 4, 2015, the Defendant entered into the instant sales contract and the registration of the establishment of the instant mortgage from the Plaintiff on the following: (a) purchased B-2,720 square meters of land for a factory owned by the Plaintiff as KRW 280 million; and (b) concluded a sales contract with the terms that the down payment of KRW 80 million shall be paid at the same time as the contract was concluded, and the remainder of KRW 200 million shall be paid at November 20, 2015 (hereinafter “instant sales contract”).

On April 30, 2016, the Defendant agreed to pay the down payment of KRW 80 million to the Plaintiff on the day of the contract, and on November 4, 2015, the Defendant completed the registration of establishment of a mortgage of KRW 300,000 won per month for the mortgagee, the claim amount of KRW 80,000,000,000 to the Plaintiff on the real estate stated in the separate sheet as the receipt of the Busan District Court’s Seosan Branch Branch Branch Office under Article 84484, which received from the Plaintiff on November 4, 2015.

(hereinafter “the establishment registration of the instant mortgage”). B.

The Defendant, who notified the Plaintiff of the rescission of the instant sales contract, did not pay the purchase price pursuant to the instant sales contract. On September 12, 2016, the Plaintiff sent to the Defendant by content-certified mail a notice stating that the instant sales contract will be rescinded if the Plaintiff did not pay the purchase price of KRW 280 million by September 23, 2016.

The content-certified mail sent to the defendant around that time.

Even after that, the Plaintiff urged the Defendant to pay the purchase price several times.

On February 16, 2017, the Defendant notified the Defendant by content-certified mail that the Plaintiff would exchange the instant sales price with KRW 280 million and the registration documents for transfer; however, there was no contact, and thus, the instant sales contract was rescinded. At that time, the said notification reached the Defendant.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Gap evidence 2-1 to 5, Eul evidence 3, the purport of the whole pleadings

2. The Plaintiff’s judgment on the main claim is as to the instant case.