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(영문) 서울중앙지방법원 2018.08.31 2017가단5167211
매매대금반환
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On July 15, 2017, the Plaintiffs entered into a sales contract with the Defendant for the right to sell the apartment E (hereinafter referred to as “instant apartment”) of Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as “instant apartment”) with the purchase price of KRW 1.83 billion, and the loans of KRW 45,99 million, out of KRW 913,200,000,000,000 for the settlement payment, shall be succeeded from the present state, and the down payment of KRW 45,00,000,000 for the contract and the intermediate payment of KRW 25,50,000,000,000 for the remainder payment of KRW 153,30,000 on September 2, 2017, and paid KRW 45,500,000 to the Defendant on the same day (hereinafter referred to as “instant sales contract”).

The contents of the instant sales contract related to the instant case are as follows.

Article 2 Where the seller violates this Agreement, he/she shall compensate for the amount equal to the contract price, and where the buyer violates this Agreement, the full contract deposit shall be deemed the seller.

- The above real property is sale in the status of D Apartments (9.967 A) sale;

- Of the present payments, 10% of the down payment (150,300,000 won) in cash and three times of the intermediate payments (150,330,000 won x 3 = 45,90,000 won) shall succeed to the payment status of the F Bank loan and the buyer.

- Until the date of change of title, a contract cannot be refused for price changes or other reasons, and if the buyer becomes aware of the contract performance, he cannot receive a refund of all the amounts already paid at the time of termination of the contract, and the seller shall pay damages

- The buyer is responsible for the existence of eligibility for intermediate payments;

B. Meanwhile, on October 25, 2016, the Plaintiffs acquired the ownership of the Seocho-gu Seoul Metropolitan Government G Apartment H, and received real estate collateral loans worth KRW 330 million with the maximum debt amount on November 24, 2016. On July 13, 2016, Plaintiff A succeeded to the status of the buyer under a supply contract for the I apartment reconstruction J, Songpa-gu Seoul, and was also liable for part payment loans of KRW 408,960,00.

C. The government announced a plan to stabilize the housing market on August 2, 2017, and on August 3, 2017.

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