(영문) 대구지방법원경주지원 2016.05.03 2015가단2471

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(영문) 대구지방법원경주지원 2016.05.03 2015가단2471

계약금 및 위약금

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1. The Defendant’s KRW 60,000,000 and annual interest thereon from June 16, 2015 to May 3, 2016 to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective descriptions of evidence Nos. 1, 2, 3, 4, 7, 8, and 9 and the whole purport of the pleadings.

The defendant is the owner of the C Apartment 404 (hereinafter referred to as "the building of this case") at racing-si.

B. On March 25, 2015, between the Plaintiff and the Defendant, the Plaintiff purchased the instant building in KRW 163,000,000, and concluded a sales contract to pay the down payment of KRW 30,000,000 on the date of the contract, and the remainder KRW 133,00,000,000 was paid on May 15, 2015 (hereinafter “instant sales contract”).

C. The sales contract of this case contains a special agreement to waive down payment in the event that the seller sells the contract deposit in excess of the amount of KRW 60,000,000, which is a part of the down payment, and the buyer sells the contract deposit in excess of the amount.

At the time of the above sales contract, the establishment registration of a mortgage was completed on the instant building consisting of creditors D, maximum debt amount of 34,000,000. However, on March 25, 2015, KRW 30,000,000, which was paid by the Plaintiff on March 25, 2015, was used to repay the secured debt of the said right.

Accordingly, on March 26, 2015, the registration of the establishment of a neighboring mortgage of D was cancelled.

E. On May 15, 2015, the Plaintiff completed the preparation to pay to the Defendant the remainder of KRW 133,000,000,000, and notified the Defendant of the above fact, and notified the Defendant of the transfer registration and delivery of ownership of the instant building, and notified the Defendant of the refusal thereof again on May 19, 2015, but the Defendant rejected the said transfer registration and delivery until now.

2. Summary of the parties' arguments

A. The Plaintiff provided the Defendant with the remainder of KRW 133,00,000 according to the instant sales contract on May 15, 2015, but the Defendant did not perform its duty of transfer registration and delivery of the instant building.

Therefore, the defendant should pay to the plaintiff the penalty of KRW 60,000,000 as stipulated in the sales contract of this case.

B. Defendant 2

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