계약금반환
1. The Defendant’s KRW 50,000,000 and its annual amount from February 8, 2019 to May 31, 2019, and the Plaintiff’s annual amount of KRW 15%.
1. Facts of recognition;
A. On September 8, 2017, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 800 million with respect to the amount of KRW 461 square meters in Ulsan-gun, Ulsan-gun (hereinafter “instant real estate”) owned by the Defendant (hereinafter “instant sales contract”). At the time of the contract, the Plaintiff agreed to deliver documents necessary for the registration of transfer of ownership and deliver the instant real estate on July 8, 2018, to pay the remainder of KRW 50 million to the Defendant simultaneously with the delivery of the instant real estate. The Plaintiff paid KRW 50 million as the down payment on the date of the contract to the Defendant.
B. At the time of the instant sales contract, the Plaintiff and the Defendant concluded a special agreement that “the seller shall return the down payment and intermediate payment to the buyer at the time of termination of the contract” (hereinafter “instant special agreement”).
C. The Defendant entered into a sales contract with E Co., Ltd. (hereinafter “E”) on September 8, 2018 with respect to the instant real estate at KRW 975 million, and completed the registration of ownership transfer on October 11, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff and the Defendant agreed to withhold the right to terminate the instant contract through the instant special agreement, and accordingly, the Plaintiff terminated the instant sales contract around April 5, 2018, which was prior to the date of the remainder payment, and thus, the Defendant is obligated to return the down payment KRW 50 million to the Plaintiff. 2) or the Defendant sold the instant real estate to E, a third party on September 8, 2018, and completed the ownership transfer registration on October 11, 2018, thereby making the instant sales contract impossible to be performed due to the Defendant’s cause attributable to the Defendant. Accordingly, the instant sales contract was rescinded upon the Plaintiff’s declaration of intent of cancellation.
Therefore, the defendant is liable to return the down payment of KRW 50 million to the plaintiff.
B. The Defendant’s assertion 1 of this case is a special agreement.