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(영문) 서울중앙지방법원 2017.02.10 2016가단5226892

계약금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 6, 2016, the Plaintiff entered into a lease agreement with the Defendant to pay the remainder of KRW 630 million on the date of the contract and the remainder of KRW 630 million on September 12, 2016 (hereinafter referred to as the “instant lease agreement”), and paid the Defendant the down payment of KRW 70 million (hereinafter referred to as the “instant contract”).

B. On September 12, 2016, the remaining payment date of the instant contract, the Defendant decided to cancel the registration of creation of a mortgage (hereinafter referred to as the “registration of a collateral security”) consisting of the debtor, the National Federation of Korea (hereinafter referred to as the “AF”), the maximum debt amount of KRW 744 million, and the debtor, the Defendant, the Papum Korea Co., Ltd., the Republic of Korea, the Austria, the Austria, the maximum debt amount of KRW 750 million, and the registration of creation of a mortgage (hereinafter referred to as the “registration of a collateral security” in combination with the DB registration, and the “each of the instant registrations” in this case), which was established on September 12, 2016. The Defendant agreed to cancel the registration of creation of a mortgage (hereinafter referred to as the “DB registration”). The other party may give written peremptory notice and cancel the contract against the person who failed to perform his/her duty regarding the scheduled termination of contract

C. At around 10:30 on September 8, 2016, E, the Defendant’s husband, requested the Plaintiff to modify the terms and conditions of the instant lease agreement by not cancelling all of the registration of each of the instant mortgages through a licensed real estate agent F, who arranged the instant agreement, and then reducing the maximum debt amount of the registration of the Suhyup-mortgage in KRW 20 million among them. The Plaintiff refused to modify the terms and conditions of the instant lease agreement. However, F presented the proposal to change the registration of Suwon-mortgage to the lower priority order.