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(영문) 광주지방법원 순천지원 2018.05.17 2017가단73416
계약금 반환
Text

1. Defendant (Appointed Party) and Appointed C: (a) each Plaintiff KRW 30,000,000 and Daehan, respectively, from December 1, 2016 to May 17, 2018.

Reasons

1. Basic facts

A. On September 20, 2016, the Plaintiff entered into a sales contract with the Defendant, etc., setting the sales price of KRW 3550 million with respect to an apartment as indicated in the attached list (hereinafter “instant apartment”) and entered into the sales contract (hereinafter “instant sales contract”). D, a licensed real estate agent, as an intermediary for the said contract.

B. At the time of the above sale, the apartment of this case was jointly owned by the Defendant 1/2 shares, and there was two cases of collateral security in female agricultural cooperatives with the Defendant as the debtor.

C. According to the instant sales contract, ① the down payment shall be KRW 30 million, and the down payment shall be KRW 10 million on September 19, 2016, KRW 200 million on September 20, 2016, KRW 200 million on September 20, 2016, and KRW 27 million on September 22, 2016, and the remainder shall be paid up to KRW 325 million on October 31, 2016, and shall be paid in advance through consultation.

The Plaintiff paid the Defendant, etc. a down payment of KRW 1 million on September 19, 2016, and KRW 27 million on September 20, 2016. However, unlike the initial promise, the remaining KRW 27 million was divided into three days between September 22, 2016 and September 29, 2016.

E. On October 28, 2016, the Defendant issued a certificate of personal seal impression for real estate sale, but the Plaintiff expressed his/her intent to the effect that the Plaintiff could not pay any balance through D on October 31, 2016, which is the remaining payment date.

F. On November 8, 2016, the Defendant, etc. sent a notice of cancellation of the sales contract of this case to the Plaintiff on the grounds that the sales contract was rescinded due to the unpaid payment, and the said notice reached the Plaintiff around that time.

G. After that, on November 21, 2016, the Defendant, etc. sold the instant apartment at KRW 350 million to E, and on December 1, 2016, the ownership transfer registration was completed in the name of E.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 4, 8, and 11 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff 1’s assertion that the parties concerned prevail.

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