위약금청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The following facts can be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 3.
On May 29, 2013, the Plaintiff concluded a real estate sales contract (hereinafter “instant sales contract”) with the Defendant for each payment of the remainder KRW 70,000,000 on the date of the contract, and the remainder of KRW 70,000,000,000, on the same day, the Plaintiff paid the Defendant the down payment of KRW 20,000,000 on the same day.
B. The main contents of the instant sales contract are as follows.
- Article 2 (Transfer, etc. of Ownership) - A seller shall deliver all documents necessary for the registration of transfer of ownership to a buyer simultaneously with the receipt of any balance of the purchase price, cooperate with the registration procedure, and the delivery date of the said real estate will be July 10, 2013.
Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.
Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.
In addition, parties to a contract may claim damages from the other party according to the termination of contract.
2. Whether the sales contract of this case was terminated
A. (1) The Plaintiff, as the Plaintiff’s assertion, provided the performance of the obligation to pay the remainder under the instant sales contract, but the Defendant clearly expressed his/her intent to refuse to accept the payment, and the Plaintiff expressed his/her intent to rescind the instant sales contract to the Defendant as of July 26, 2013.