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(영문) 수원지방법원성남지원 2019.05.17 2018가단237908
계약금 등 반환
Text

1. The Defendants shall jointly and severally pay to the Plaintiffs KRW 40,000,000 and the interest rate therefor from January 7, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 13, 2018, the Plaintiffs entered into a contract with the Defendants to purchase KRW 191,490,000 (hereinafter “instant one real estate”) of KRW 1,622 square meters prior to H in Gwangju-si, which was jointly owned by the Defendants and the Defendants (hereinafter “instant one contract”).

The instant contract 1 provides that KRW 20 million out of the above purchase price shall be paid on the date of conclusion of the contract by determining as the down payment, and the remainder 171,490,000 won shall be paid until October 17, 2018. On the same day, the instant real estate shall be delivered and documents necessary for the registration of the remainder shall be delivered to the buyer at the time of the receipt of the remainder. In the event of a seller’s breach of contract, the seller shall compensate for the amount of the down payment, and the buyer shall not give up the down payment and make a refund

B. On September 13, 2018, the Plaintiffs paid a down payment of KRW 20 million to the Defendants.

C. On September 13, 2018, the Defendants concluded a contract under which the Defendants jointly owned with I and the Defendants sold KRW 798 square meters (hereinafter “instant two real estate”) prior to the JJ in Gwangju-si (hereinafter “instant two real estate”) in KRW 93,90,000 (hereinafter “instant two contracts”).

The real estate 2 of this case is located immediately next to the real estate 1 of this case.

The plaintiffs and I did not pay any balance on October 17, 2018, which is the expected date of the balance.

E. On November 1, 2018, I given up the Defendants the waiver of the down payment and expressed their intent to cancel the instant two contract.

F. On November 1, 2018, the Plaintiffs urged the Defendants to pay the remainder by November 9, 2019. The Plaintiffs notified the performance of the instant one contract.

On November 7, 2018, the Defendants sent reply that the registration of transfer of only one real estate in this case was impossible because the instant real estate 1 and 2 real estate were sold en bloc.

G. On November 16, 2018, the Plaintiffs notified the Defendants of the rescission of the instant one contract on the grounds of the refusal of performance or the delay of performance.

The above notification reached the defendants around that time.

[Ground of recognition] A.

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