계약금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The defendant as a party is a corporation established under the Trust Business Act, and was entrusted with each of the real estate listed in the separate sheet (hereinafter "each of the real estate of this case") from Pulung Industrial Co., Ltd. around November 2007.
The plaintiff is a corporation that aims at real estate development and lease business.
The Defendant entered into the instant sales contract on April 24, 2014, announced the public auction of each of the instant real estate.
On May 13, 2014, the Plaintiff agreed to purchase each of the instant real estate at KRW 11,307,000,000 between the Defendant and the Plaintiff on the condition that the public auction on each of the instant real estate was conducted four occasions, but the Plaintiff entered into a sales contract with the Defendant to pay the remainder of KRW 10,176,300,000 within 60 days from the date of concluding the contract (hereinafter “instant sales contract”). On the same day, the Plaintiff paid the Defendant the down payment of KRW 1,130,70,000 on the same day.
When the contract of this case is terminated, the contents related to penalty are as follows.
(hereinafter referred to as the "Agreement on Penalty in this case"). Article 12 (Cancellation of Contracts and Burden of Risk] (1) In any of the following cases, A (a seller, defendant, hereinafter the same shall apply) may rescind this Agreement, and in such cases, the down payment (including the sum of value-added tax) out of the purchase price received by A shall belong to A as penalty, and the remainder shall be refunded to B (Buyer, Plaintiff, and hereinafter the same shall apply) without adding any additional interest.
1. In the event that Party B did not pay the purchase price for at least one month from the date of the agreement, the Defendant rescinded the instant sales contract: (a) sent to the Defendant on September 2, 2014, a content-certified mail stating that “The instant sales contract is rescinded and the down payment is confiscated” to the Defendant; and (b) around that time, the content-certified mail reached the Defendant.
[Ground of recognition] The fact that there is no dispute, Gap 1 through 5.