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(영문) 인천지방법원부천지원 2017.08.24 2016가단118204

계약금반환 청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 10, 2015, the Plaintiff concluded a sales contract on the land and its ground (hereinafter “instant real estate”) owned by the Defendant with the Defendant, and paid KRW 120,000,00 to the Defendant as down payment. The main contents are as follows.

(hereinafter referred to as “instant sales contract.” The other party may, in cases where a seller or a purchaser has breached any obligation under this contract, notify the seller or the purchaser in writing of the performance in writing and rescind this contract. (The other party may rescind this contract, with a written notice of performance to the person who has failed to perform the obligation, if the other party has performed any obligation under this contract. (The other party) The intermediate payment of KRW 120,000,000 (the down payment at the time of the contract) and the intermediate payment of KRW 300,000,000,000, and the remainder payment of KRW 520,000,000 on November 5, 2015.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

1. A buyer may change the name of transfer of ownership in the light of the circumstances of the buyer, and the seller shall cooperate therewith;

2. The buyer may purchase the building in the name of the seller as at the time of application for the permission, and the seller shall cooperate with the owner in the changed documents;

3. Since the housing units Ocheon-gu D are currently in transfer, a seller shall immediately sell and purchase the housing units after the transfer of ownership and prepare a pre-contract for sale and purchase simultaneously with this contract;

(The sale price shall be 440 million won). (b)

The Plaintiff did not pay the intermediate payment of KRW 300,000,000 until November 5, 2015, which is the date of the payment of intermediate payment. On November 9, 2015, the Defendant notified the Plaintiff of the cancellation of the instant sales contract on the grounds that the instant sales contract was revoked on the grounds that the content certificate and the mobile phone text were not paid.

C. On November 23, 2015, the Defendant sold the instant real estate to E, and transferred the ownership on January 28, 2016.

[Reasons for Recognition] There is no dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3-1, Eul evidence 3-2.