(영문) 창원지방법원 2016.05.03 2015가단83852

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2016.05.03 2015가단83852

계약금반환 등 청구의 소

Text

1. The Defendant’s KRW 61,00,000 to the Plaintiffs and 5% per annum from October 3, 2015 to May 3, 2016.

Reasons

1. Basic facts

A. On August 18, 2015, the Plaintiffs related to the married couple are deemed to have entered into a sales contract: (a) on August 18, 2015, the two-story detached houses of 467 square meters on the two-story structure in Kimhae-si (hereinafter “instant real estate”).

(2) The sales contract is set at KRW 240,00,000 for the purchase price and KRW 30,000 for the down payment and KRW 210,000 for the remaining 2,00,000 for the purchase price at the time of the contract (hereinafter “instant sales contract”).

The main contents are as follows. Before the buyer pays the intermediate payment (if there is no intermediate payment, the seller shall pay the intermediate payment) to the seller, the buyer may waive the down payment, and the buyer may rescind the contract. If the seller or the buyer has defaulted with respect to the terms and conditions of the contract, the other party may demand in writing the defaulted person to pay the down payment and may rescind the contract. The other party may claim damages arising from the termination of the contract respectively. The other party shall be deemed to be the basis for compensation for damages, unless otherwise agreed upon. 20 million won out of the special agreement shall be paid in cash, and the remaining 10,000,000 won shall be deposited into the Agricultural Cooperative Account. 2) On August 18, 2015, the Plaintiffs paid the down payment in cash directly to the Defendant in accordance with the terms and conditions of the contract, the remaining amount shall be 10,000,000 won, and the contract deposit shall be transferred to 300,000 won by means of account transfer in full to the account.

4) On August 23, 2015, the Plaintiffs paid a total of KRW 1,00,000 to the Defendant, as a provisional contract deposit for oil prices of boilers installed in the instant real estate and ditches located in the real estate. (b) On September 9, 2015, the Defendant returned the down payment of the sales contract to the Plaintiff A on the following grounds: (i) the Defendant returned the down payment of the sales contract to the Plaintiff on September 9, 2015, and thus, (ii) the details of the account are known by the 15th day

유사 판례

-수원지방법원성남지원 2017.07.11 2015가합207279

-창원지방법원 2017.04.20 2016가단1741

-부산지방법원 2019.06.13 2018가단315027

-광주지방법원목포지원 2017.10.19 2016가합12521

-부산지방법원동부지원 2014.11.28 2014가합2586