(영문) 춘천지방법원강릉지원 2017.11.14 2017가단3143

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(영문) 춘천지방법원강릉지원 2017.11.14 2017가단3143

약정금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 26, 2006, the Plaintiff agreed to purchase the land owned by the Defendant from the Defendant for KRW 960 million and paid KRW 110 million as the down payment, and the remainder KRW 850 million shall be paid within 10 days after the completion of the order.

(hereinafter “instant sales contract”). B.

around October 2006, the Plaintiff and the Defendant agreed to cancel the instant sales contract as follows.

(hereinafter “instant agreement”). ① The Plaintiff waives the instant sales contract concluded on January 26, 2006 without good cause.

② When the Defendant sells the instant real estate to a third party, the Plaintiff does not raise a civil or criminal objection.

③ In order to avoid damage to the Plaintiff, the Defendant shall pay the land contract amounting to KRW 110 million paid by the Plaintiff at the time of receipt of any balance after concluding a sales contract for the instant real estate where the instant real estate is sold and sold, and if an excess of the original contract deposit occurs, the excess amount shall be paid as a payment for expenses incurred in the meantime.

(4) Taxes and public charges on excessive payments shall be borne by the plaintiff who is a beneficiary.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that, in the event that the Defendant sells the down payment of KRW 110 million paid by the Plaintiff in accordance with the instant agreement and the sales payment of KRW 960 million to a third party in excess of the initial purchase payment, the Plaintiff did not return the sales payment to the Plaintiff, and thus, the Plaintiff is obligated to pay the down payment of KRW 110 million and damages for delay as part of the down payment and the sales payment. 2) As to this, the Defendant introduced the instant agreement as the grounds for the conclusion of the agreement as the Plaintiff did not have the ability to pay the down payment of the instant sales contract to the other buyers, and thereby, if the J purchases the said land and pays any balance, the down payment of KRW 110 million out of the remainder.

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