계약금반환청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
According to the purport of Gap evidence Nos. 1 and 2-1 through 3, Eul evidence Nos. 1, 2, and 3 as well as the overall purport of arguments and arguments, on August 25, 2015, the plaintiff entered into a sales contract with the defendant to purchase KRW 805,00,000 (hereinafter "the instant sales contract"). According to the instant sales contract, according to the contract, the contract deposit amount of KRW 80,50,000 shall be paid on the date of conclusion of the contract, and the balance of KRW 724,50,000 shall be paid on October 26, 2015; the contract deposit shall be rescinded and the contract deposit shall not be returned within 15 days from the date of payment of the remainder; the defendant agreed to prepare all documents necessary for the registration of ownership transfer of the instant real estate on October 26, 2015, and the defendant notified the plaintiff of the fact that he did not pay the remainder to the plaintiff's office within a fixed period of 15 days.
The Plaintiff asserts that KRW 50,00,000, which is part of the KRW 80,500,000, should be returned, considering the fact that the provisional registration established on the instant real estate was not cancelled and it was impossible to obtain a loan from a financial institution due to the failure to pay any balance in accordance with the payment date, and that the remaining payment date was not observed due to such inevitable circumstances.
However, if the sales contract of this case was terminated as the plaintiff delayed the payment of the remainder 15 days after the agreed date, the down payment paid by the plaintiff shall be confiscated in accordance with the forfeiture clause of the down payment stipulated in the sales contract of this case, and the down payment shall be confiscated in light of the fact that the down payment was set at 10% of the total purchase price.