beta
(영문) 대구지방법원포항지원 2014.10.30 2013가단11452

가계약금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 4, 2013, the Plaintiff entered into a sales contract with D, a broker of C Licensed Real Estate Agent Office, to purchase the purchase price of KRW 2,900,000,000 in Nam-gu E site and above-ground buildings (hereinafter “instant real estate”) owned by the Defendant at KRW 2,90,000,000, and the intermediate payment of KRW 260,000 on the same day, and the intermediate payment of KRW 260,00,000 on May 24, 2013, which is the date of this contract, to pay KRW 2,610,000 on July 31, 2013 (hereinafter “instant contract”).

B. Article 5 of the contract of this case provides, “Before the buyer pays the intermediate payment (if there is no intermediate payment, before the buyer pays the intermediate payment) to the seller, the seller redeems the down payment, the buyer may waive the down payment and rescind the contract.” Article 6 provides, “If the seller or the purchaser fails to fulfill the terms and conditions of this contract, the other party may demand in writing the seller or the purchaser to pay the down payment and cancel the contract. In addition, the other party may respectively claim damages arising from the rescission of the contract, and unless otherwise agreed, the contract shall be deemed as compensation for damages,” and the special agreement provides, “if the down payment is not entered on the date of this contract, the contract shall be reversed by May 31,” and the special agreement provides, “if the down payment is not entered on the date of this contract, the contract shall be reversed.”

C. On the same day, the Plaintiff: (a) paid KRW 20,000,000 borrowed from D as down payment, and KRW 30,000,000,000, which he/she possessed, to the Defendant; and (b) requested the Plaintiff to send the down payment too little and more while in U.S.; (c) on May 13, 2013, the Plaintiff transferred KRW 10,000,000 to the Defendant via his/her own Dong book.

The plaintiff decided not to purchase the real estate of this case after returning to Korea.