위약금 청구
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
1. In the first instance court’s trial scope, the Plaintiff claimed against the Defendant for the refund of KRW 40,000,000 for down payment, and for the payment of damages for delay equivalent to the down payment amounting to KRW 40,000,000 for the said money, and the court of first instance dismissed all the Plaintiff’s claim.
Therefore, the defendant filed an appeal only for the part on the claim for the return of the down payment, and the part on the claim for penalty did not separately appeal. Therefore, the scope of the judgment of this court is limited to the part on the claim for down payment in the judgment
2. Basic facts
A. On September 3, 2013, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant on the following terms (hereinafter “instant building”) with respect to the instant building constructed on the ground of each of the instant land, including the instant building, etc. (hereinafter “instant building,” and collectively referred to as “each of the instant real estate”).
Article 2 Buyers are to pay the purchase price as follows:
540,000,000 down payment of KRW 40,000 shall be paid at the time of a contract.
The remainder that there is no intermediate payment shall be paid 500,000,000 won by December 26, 2013.
Article 3 List of Real Estate in this case shall be December 26, 2013.
Article 5 The seller shall deliver all the documents required for the registration of transfer of ownership to the purchaser and shall cooperate in the registration of transfer.
Section 6. The seller shall reimburse the amount of the down payment at the time of the termination of the contract, and the buyer shall waive the down payment at the time of the termination and shall not claim the return thereof.
Matters of special agreement
1. The successful bidder shall succeed to the creation of a right to collateral security on each of the instant real estate;
2. The buyer purchases the instant building as its present condition.
3. The report of actual transactions (within two months) of each of the real estate in this case shall be filed by the seller under the agreement of the buyer and the seller after the completion of the registration of inheritance.
B. The original real estate of this case is the same.