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(영문) 수원지방법원 2017.02.17 2015가합68815

매매대금반환

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 March 1, 2007, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 1,091,914,000 for the purchase price of KRW 353 square meters (hereinafter “the instant real estate” due to the change of the administrative district name on January 1, 2012) in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant and the Defendant owned, and entered into a sales contract with the Defendant to purchase KRW 1,091,94,00. The down payment KRW 300,00 for the remainder of KRW 791,914,00 within 15 days after the preparation of the contract, shall be paid within 15 days after the written contract, and if the down payment exceeds 10% of the purchase price, the relevant amount shall be deemed the intermediate payment, and if the contract is terminated due to the Defendant’s fault, the amount equivalent to twice the contract amount paid by the Defendant to the Plaintiff, and if the contract is cancelled due to the Plaintiff’s fault

(hereinafter “instant sales contract”). B.

The Plaintiff paid KRW 300 million to the Defendant as down payment on April 13, 2007, and KRW 100 million as part of the remainder on September 3, 2007.

C. Since then, the plaintiff did not pay the remaining purchase and sale amount only after the payment date of the remaining balance, the defendant filed a lawsuit against the plaintiff on April 2009 (the Seosan Branch of the Daejeon District Court 2009Gahap845). On February 11, 2010, the above court rendered a judgment that "the plaintiff shall pay to the defendant 691,914,000 won and interest calculated at the rate of 7.5% per annum from December 31, 2007 to the date of full payment" on the premise that the sales contract of this case is valid on February 11, 2010, the above judgment became final and conclusive.

However, even after the above decision was rendered, the plaintiff did not pay the remaining purchase and sale amount, and the defendant demanded the plaintiff to pay the remaining amount on August 11, 2015, but the plaintiff did not have an intention to purchase the real estate of this case since the plaintiff did not have any response.

Therefore, the cancellation of the sales contract of this case.