(영문) 서울중앙지방법원 2019.05.16 2018가합569861

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(영문) 서울중앙지방법원 2019.05.16 2018가합569861

계약금반환청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 4, 2016, the Plaintiff concluded a provisional contract with the Defendant to purchase KRW 35 billion (hereinafter “instant real estate”) of the Jung-gu Seoul Central District 49.2 square meters, D large 43 square meters, E large 1389.4 square meters, F large 443 square meters, G large 57.2 square meters, and its ground buildings (hereinafter “instant real estate”) from the Defendant on October 21, 2016, and agreed to conclude this contract with the Defendant on October 21, 2016.

B. On October 21, 2016, the Plaintiff entered into a contract with the Defendant to purchase all the instant real estate, superficies, goodwill, etc. at KRW 35 billion pursuant to the said provisional contract (hereinafter “instant contract”). On the same day, the Plaintiff agreed to deliver the remainder down payment KRW 2.5 billion to the Defendant in lieu of paying the down payment. Documents necessary for the registration of the transfer of ownership were received at the same time as the remainder payment was made on February 15, 2017, and the instant real estate was received on the same day.

The main contents and terms of the instant contract are as follows.

Article 5 (Cancellation of Contract) If 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 rescind this contract.

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

In addition, the parties to the contract may claim damages for the cancellation of the contract respectively to the other party, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed.

Matters of special agreement

3. The contract shall not be terminated in which the buyer complies with the contract schedule after the contract is concluded. If it is violated, the seller shall incur the amount of the down payment, the input of the business executed by the buyer for the business in question; and

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