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(영문) 대구지방법원김천지원 2019.07.18 2018가단31886

계약금 반환등 청구의 소

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 October 11, 2017, the Plaintiff entered into a sales contract with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) as follows (hereinafter “instant contract”). On October 10, 2017, the Plaintiff paid the Defendant KRW 48,68,981 in total, as the down payment, KRW 10,000 on October 10, 2017, and KRW 38,668,981 on October 38, 2017.

▣ 분양대금 내역: 총 분양대금 486,690,117원 ▣ 분양대금 납부일정 계약금: 납부일자 계약시, 납부금액 48,668,981원 잔금: 납부일자 입주지정일, 납부금액 438,021,196원 제7조(소유권 이전) ① 피고는 본 건물의 사용승인 후 즉시 소유권보존등기를 하도록 한다.

However, in cases where transfer of ownership is delayed due to inevitable reasons, such as natural disasters, administrative orders, or failure to adjust books, which are not attributable to the defendant, the plaintiff shall not raise an objection thereto.

② The Plaintiff shall complete the registration of ownership transfer at the Plaintiff’s expense within 60 days from the date the Defendant’s registration of ownership transfer is completed in full and the amount of the sale price and other payments shall be fully paid by the Plaintiff.

Article 9 (Penalty and Return) (3) Where the contract is rescinded for reasons of the plaintiff or defendant other than Article 8 (1) and (2), a person responsible for rescission of the contract shall pay 10% of the total purchase price to the other party as penalty.

B. On December 23, 2016, the registration of ownership preservation was completed in the Defendant’s future on the instant real estate, and the registration of ownership transfer was completed due to the trust in C in the future on the same day.

C. D Co., Ltd. is the debtor, the defendant and the third debtor Co., Ltd., the third debtor Co., Ltd. on the ground that the "right to claim for ownership transfer registration of each real estate including the real estate of this case under the sales contract concluded on September 8, 2016, as the preserved right.