매매계약금 반환 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 16, 2013, the Plaintiff purchased the sales price of KRW 8,900,000,000 from the Defendant for 1296 parking lot 4,045.6m2 (hereinafter “instant land”). The Plaintiff paid KRW 900,000,000 to the Defendant on the date of the contract, and the remainder amount of KRW 8,000,000,000 is paid on the same day (hereinafter “instant sales contract”), and the Defendant paid KRW 900,000,000 on the same day to the Defendant as of February 28, 2014 (hereinafter “instant sales contract”).
B. At the time of the conclusion of the instant sales contract, the instant land was owned by the Korea Land and Housing Corporation and the Defendant was sold in lots from the Korea Land and Housing Corporation and paid the price in full.
On the other hand, the defendant was granted a loan of KRW 3,430,00,00 from the National Land and Housing Cooperatives, as security for the above claim for the return of the sale price to the Korea Land and Housing Corporation, and the creditors of the defendant were provisionally granted two provisional seizures regarding the defendant's right to claim the transfer of ownership of the land of this case held against the Korea Land
C. The main contents of the instant sales contract are as follows.
Article 3 [Conditions for Payment of Price] If a buyer pays the remaining price, the seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer, and deliver the land in this case to the buyer, and the provisional seizure shall be cancelled without delay on the seller's responsibility by paying to the creditors of the provisional seizure of ownership
Article 4 [Cancellation, etc. of Contracts] (1) Where any cause attributable to the other party, such as nonperformance of obligations under this contract, etc., the other party may rescind this contract after demanding the performance.
(2) Where the seller cancels the contract in accordance with the preceding paragraph due to any cause attributable to the buyer, the seller shall not be liable to return the down payment.
(3) Where a buyer has cancelled a contract due to a cause attributable to the seller, the seller shall receive the down payment from the buyer.