계약금반환청구
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 22, 2017, the Plaintiff entered into a sales contract with the Defendant to purchase D Apartment E (hereinafter “instant real estate”) on a parcel other than Songpa-gu Seoul, Songpa-gu, Seoul, and KRW 1190 million, and KRW 80 million as the intermediate payment on July 22, 2017, and KRW 420 million as the intermediate payment on August 28, 2017, and KRW 690 million as the remainder payment on August 28, 2017 (hereinafter “instant sales contract”). On the same day, the Plaintiff paid KRW 80 million to the Defendant on September 29, 2017 (hereinafter “instant sales contract”).
B. However, the Plaintiff did not pay the intermediate payment by August 28, 2017, which was the date of the intermediate payment, and the Defendant sent to the Plaintiff on September 4, 2017, a content-certified mail stating that “In the event the intermediate payment is not paid by September 13, 2017, the contract is terminated, and the down payment is reverted to the Defendant without any separate notice,” but did not serve the said mail, and thereafter, sent the Plaintiff a text message to the same effect as the instant mail on September 10, 2017.
다. 그후에도 원고가 중도금을 지급하지 않자, 피고는 2017. 9. 14. 원고에게 '원고가 중도금을 지불하지 않아 계약이 해제되었고, 계약금은 계약서 제6조(채무불이행과 손햅상)의 내용에 따라 피고에게 귀속되었다
‘The text message sent'. D.
On September 16, 2017, the Defendant sold the instant real estate to F and G in KRW 1.14 billion, and completed the registration of ownership transfer on October 12, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 2, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. Since the Plaintiff, as the primary cause of the instant sales contract, was scheduled to reside in the area between regions after the conclusion of the instant sales contract, the Plaintiff notified such circumstances to the real estate brokerage office at the time, and the intermediate payment and balance are again acquired by setting aside the instant real estate.