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(영문) 부산지방법원 2019.04.30 2018가단20459
계약금 등 반환
Text

1. The Defendants each of the Plaintiffs’ KRW 2,500,000, respectively, and Defendant C with respect thereto from October 5, 2018, and Defendant D with respect thereto.

Reasons

1. Facts of recognition;

A. On November 10, 2015, the Plaintiffs purchased KRW 300,000,000 for the purchase price of KRW 259,000,000 for the Jinhae-gu FT land in the Chang-gu Seoul Special Metropolitan City where the Defendants co-ownership. The contract amount of KRW 10,000,000 for the intermediate payment of KRW 30,000 on the date of the contract, the intermediate payment of KRW 30,00,000 until December 30, 2015, and the remainder of KRW 260,00,000 until February 10, 2016 (hereinafter “instant sales contract”), and concluded a sales contract to pay the remainder of KRW 260,00,00 by December 10, 206 (hereinafter “instant sales contract”). The terms

[Matters of Special Agreement]

1. The balance shall be paid after a loan is made under the name of a buyer, and a seller shall provide security;

(Provided, That the amount of loans shall not exceed the trading price.

5.The provisions of Article VI of this Agreement shall apply to the failure or delay to carry out the above special agreement.

Article 5 (Cancellation of Contract) When the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and cancel it.

Article 6 (Non-performance of Obligations and Compensation for Damages) If the seller or buyer has defaulted to the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and rescind the contract.

In addition, parties to a contract may claim damages from the other party according to the termination of contract.

B. On the date of the instant sales contract, the Plaintiffs paid each of the Defendants KRW 10,000,000 as down payment, and KRW 30,000,00 as part payment on January 5, 2016.

C. The Plaintiffs did not pay any balance by March 2, 2016, which was agreed with the Defendants, and on March 3, 2016, the Defendants notified the Defendants of their intent to rescind the contract on the grounds of the Defendants’ failure to pay the remainder.

The Defendants filed a lawsuit against the Plaintiffs seeking the implementation of the procedure for ownership transfer registration under the instant sales contract, and the instant sales contract was concluded on March 2016 due to the Defendants’ delay in the payment of the remaining obligation.

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