(영문) 서울중앙지방법원 2014.04.25 2013가합558101

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2014.04.25 2013가합558101

계약금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 23, 2012, the Plaintiff and the Defendants drafted a sales contract (a certificate No. 1; hereinafter “instant sales contract”) with the purchase price of KRW 2.8 billion with respect to the purchase price of KRW 3503,00,00,00,000, in Yongsan-gu Seoul Special Metropolitan City (hereinafter “instant apartment”) and the main contents thereof are as follows.

The indication of real estate: The land category - the area of Yongsan-gu Seoul Metropolitan Government - 52.814 square meters: The structure and use - reinforced concrete, residential/area - the contract terms under Article 1 - the down payment of KRW 280 million - the balance of KRW 250 million / the contract terms under this Article 6 may be notified in writing to the person who has failed to perform the contract and the other party may cancel the contract if he/she fails to perform the contract under this Article.

The parties to a contract may claim damages from the other party due to the cancellation of contract.

Unless otherwise agreed, the down payment shall be regarded as penalty.

Under the special agreement, some of 100 million won out of the members' goods and down payment shall be paid at the time of the contract, the remainder of 180 million won shall be paid on February 28, 2013, and the buyer shall provide corresponding bills.

B. The Plaintiff paid the Defendants the down payment of KRW 280 million around the date of the above sales contract. As the Defendants and the Defendants agreed to postpone the remainder payment by June 7, 2013, the Defendants agreed to delay the remainder payment by June 18, 2013, and the Defendants were unable to pay the remainder payment by the due date of the payment of the remainder payment, the Plaintiff prepared and delivered a written confirmation (No. 2-1) to the effect that the down payment is not subject to objection even if it is reverted to the Defendants (No. 2-1).

C. The Defendants did not pay any balance until the date when the Plaintiff paid the remainder. On June 18, 2013, the Defendants notified the Plaintiff of the cancellation of the instant sales contract unless the remainder is paid by June 21, 2013.

유사 판례

-수원지방법원 2017.08.18 2016가단801364

-서울중앙지방법원 2015.01.27 2014가단5151864

-대구지방법원서부지원 2016.03.10 2015가단33032

-제주지방법원 2016.04.28 2015가합10949

-대구지방법원 2015.01.15 2014나12377