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(영문) 서울중앙지방법원 2019.12.13 2018가합574252

계약금

Text

1. The defendant shall pay to the plaintiff KRW 514,80,000 and KRW 50,000 among them, from November 19, 2007, KRW 464,80,000.

Reasons

1. Basic facts

A. The Plaintiff is a company that carries out a new building construction project after demolishing the Gu building within the area of the planned project area in the mid-gu Seoul Metropolitan City, and the Defendant owned the land of 354.6 square meters in Jung-gu, Seoul (hereinafter “instant real estate”) located within the said planned project area from May 16, 2006 to January 3, 2018.

B. On November 19, 2007, the Plaintiff entered into a contract with the Defendant to purchase the instant real estate (hereinafter “instant sales contract”) with the purchase price of KRW 5.148 million, the Plaintiff appears to have agreed to pay KRW 50 million for the first down payment on the date of entering into the contract, and KRW 46,48 million for the second down payment on the date of entering into the contract, and KRW 46,48 million for the second down payment at the time of conversion into the sales contract [the amount shall be converted into the sales contract by paying KRW 46,48 million on the date of mutual agreement between the Defendant (as of February 15, 2008, on the date of mutual agreement (as of February 15, 2008, on the date of mutual agreement)]; KRW 51,48 million for the first intermediate payment at the time of completion of the sales contract for the business site; KRW 3.60 million for the second intermediate payment at the time of completion of project implementation authorization within 3.0 billion.

The main contents of the instant sales contract are as shown in the attached Form.

C. Under the instant sales contract, the Plaintiff paid each of the Defendant the down payment of KRW 50 million on November 19, 2007, and KRW 4648 million on February 15, 2008.

With respect to the instant real estate, the registration of ownership transfer was completed on October 20, 2017 under the name of Co., Ltd. E on January 3, 2018, and the registration of ownership transfer was completed in the name of F Co., Ltd. on the same day.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, and Eul 1, the purport of the whole pleadings and arguments

2. Summary of the parties' arguments

A. In violation of Article 2(1) of the instant sales contract, the Defendant asserted that the instant real estate was unilaterally sold to a third party without the Plaintiff’s consent, and transferred its ownership.