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(영문) 부산지방법원 2014.04.23 2013가합12221

계약금반환 등

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1. As to the Plaintiff KRW 135,00,000 and its KRW 90,000 among them, the Defendant shall pay to the Plaintiff KRW 135,00,000 from October 9, 2012, and KRW 45,00,00.

Reasons

1. Determination on the cause of the claim

A. In full view of the purport of the entire pleadings, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant on October 8, 2012, setting the sales price of KRW 850 million as to the Plaintiff’s 5763 square meters and 14 single-story buildings (hereinafter “instant real estate”) on the following grounds: (a) the Plaintiff entered into a sales contract (hereinafter “instant sales contract”); (b) the Plaintiff paid the Defendant a sum of KRW 90 million as the down payment on October 8, 2012, KRW 30 million, KRW 60 million, KRW 90 million,000,0000,000,000 to September 6, 2012; but (c) the Plaintiff did not pay intermediate payments and remainder on the instant real estate; and (d) the Plaintiff sold the instant real estate to D/131,201.

(2) According to the above facts of recognition, the Defendant’s obligation to transfer ownership on the instant real estate was impossible, and the fact that the Plaintiff’s duplicate of the instant complaint, which included the content that the Plaintiff would cancel the instant sales contract on the grounds of the Defendant’s nonperformance, was delivered to the Defendant on July 18, 2013, is apparent in the record, and thus, the instant sales contract was lawfully rescinded at that time.

(3) Therefore, the Defendant is liable to pay the Plaintiff the down payment of KRW 90 million and the delay damages therefor, with the restitution to the original state.

B. (1) As seen earlier, the instant sales contract was rescinded due to the Defendant’s fault. In full view of the purport of the entire pleadings in the statement No. 1, Article 6 of the instant sales contract may be notified in writing to the seller or buyer in the event that the seller or buyer fails to perform the obligations under this contract, and the other party may rescind the contract.

And the parties to the contract.