매매대금반환
1. The judgment of the first instance court, including the reduction of claims in the trial, shall be modified as follows:
The defendant.
1. Facts of recognition;
A. On June 23, 2014, the Plaintiff concluded a sales contract with the Defendant with the content that the Plaintiff would sell approximately KRW 386 square meters (hereinafter “instant real estate”) around KRW 184,508,00 from Jeju-si and three parcels (hereinafter “instant sales contract”).
The details of the instant sales contract are as follows.
1) The total sale price of KRW 184,508,00, down payment of KRW 3,000,000 shall be paid at the time of a contract, and the remainder of KRW 181,508,00 shall be paid by June 30, 2014 (Article 1(1)2). (2) In cases where the Plaintiff pays any balance within seven days from the date of a contract after the sale contract, the Defendant shall apply a discount rate of 2% to the total sale price and refund the discounted amount to a separate account designated by the Plaintiff.
(3) The Plaintiff paid KRW 3,00,000 per contract deposit to the Defendant on June 30, 2014, and KRW 181,508,00 each of the remainder on June 30, 2014, as agreed upon at the time of entering into the instant sales contract. The Defendant paid KRW 3,690,160 to the Plaintiff on June 30, 2014, as the land category of the instant real estate was changed to the site at the time of the transfer registration of ownership of the instant real estate, and registered the ownership transfer at the time of implementation (Article 9). (2) According to the instant sales contract, the Plaintiff paid KRW 3,00,000 per contract deposit to the Defendant, and KRW 1,508,000 each of the remainder on June 30, 2014. Meanwhile, the Defendant notified the Plaintiff of the purport of cancelling the registration of ownership transfer on March 17, 2015 to the Plaintiff on June 3, 2015.
2. Determination: