logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.02.03 2015가합51514
계약금반환
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

On October 8, 2014, the Plaintiffs concluded a sales contract with Defendant C with regard to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as KRW 1.25 million (the first down payment: KRW 150 million upon contract; the second down payment: KRW 150 million on October 24, 2014; the remainder KRW 1 billion: the payment on December 18, 2014; and the remainder: the payment on December 18, 2014) and determined that the contract amount shall be deemed as the basis for compensation for damages (Article 6). As the special agreement provides, “The seller is expected to pay part of the remaining amount as the loan and the remainder is paid.” The Plaintiffs’ payment of the down payment on the date of the conclusion of the instant contract and the remainder is paid as the remainder of the contract amount, or the Plaintiffs’ claim for cancellation of the contract deposit and the remainder amount to Defendant C’s remainder of the payment on the grounds of each of the instant parties’ claim for cancellation or cancellation of the contract.”

① Defendant D and E delegated the purchase of each of the instant real estate by the Plaintiffs, from October 8, 2014 to December 27, 2014, received part of the down payment that the Plaintiffs paid from Defendant C, a seller, to December 27, 2014, which constitutes an act of breach of trust against the Plaintiffs, and the Defendant C actively participated therein. Accordingly, the instant sales contract constitutes null and void pursuant to Article 103 of the Civil Act.

② On January 22, 2015, Defendant C created a collateral security on each of the instant real estate, and thus, Defendant C’s obligation to transfer ownership was impossible under the instant sales contract.

arrow