계약금 반환 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On October 22, 2015, the Plaintiff entered into a contract with the Defendant to purchase a building 113 on the ground of two lots of land outside Pyeongtaek-gun, which the Defendant newly built between the Defendant and the Defendant, with the following terms and conditions (the evidence No. 2, No. 2, and No. 2; hereinafter the same shall apply).
The scheduled date of sale: on April 31, 2016, the sale price for the sale of 138,200,000 won: 55,280,000 won (on October 22, 2015, KRW 23 million (on October 22, 2015, KRW 23,2280,000), the remainder: 82,920,000 won, and the date of designation of the store: Provided, That the remainder payment may be later changed depending on the confirmation of the construction process of the supervisor.
Where a buyer fails to pay any balance within 30 days from the first date of the sales contract deposit period, the seller may cancel the contract if he/she fails to perform the contract after giving a peremptory notice for a grace period of 14 days.
In such cases, the down payment shall be reverted to the seller with the penalty (Articles 11(1) and 12(1)).
B. Under the above contract, the Plaintiff paid the Defendant the sum of KRW 55,280,000 (23,000,000 on the day of the contract) (27,280,000 on October 27, 2015).
C. After that, on June 21, 2016, the Plaintiff sent a document verifying the content that “The Defendant completed the construction of the building up to April 30, 2016 at the time of the sales contract, and from May 2016, the Plaintiff did not obtain the construction completion permission of the building and did not perform the registration of ownership transfer, and did not pay the proceeds from the lease, even though he/she was given a cycle of ensuring that the Defendant would rent the building up to KRW 5 million and KRW 700,000 per month from May 2016.” As such, the Plaintiff sent a document verifying the content that “The return of KRW 55,280,000, the down payment already paid after the cancellation of the instant contract is demanded.”
After completion of the instant building, the approval for use of the building was issued on July 14, 2016, and on August 9, 2016, registration of preservation of ownership was made in the name of the Defendant.
E. The defendant