(영문) 서울중앙지방법원 2017.01.11 2015가단151408

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(영문) 서울중앙지방법원 2017.01.11 2015가단151408

계약금반환

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1. The Defendant’s each of the said KRW 15,00,000 and each of the said money to the Plaintiff (Appointed Party) and the appointed parties C from November 17, 2015.

Reasons

1. Basic facts

A. On June 4, 2015, the Plaintiff (Appointed Party) and the Appointor C (hereinafter collectively referred to as “Plaintiffs”) agreed with Defendant’s agent to purchase 202 of the three-story apartment house located in Eunpyeong-gu Seoul E (hereinafter “instant apartment house”) from the Defendant with the following content (hereinafter “instant sales contract”). By the fifth day of the same month, the Plaintiffs transferred the down payment of KRW 30 million to the Defendant’s Han Bank account.

The purchase price: 320 million won: the intermediate payment to be paid at the time of a contract: 10 million won; the balance to be paid on July 10, 2015: 190 million won; the seller and the buyer have breached any obligation under this contract on August 20, 2015; the other party may demand in writing the person who has defaulted and rescind this contract.

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

The special agreement - A contract shall be null and void at the time that no agreement for sale is reached even if one of the owners of the main lot number and the down payment shall be returned without any condition.

b. - All generations (nine generations) will pay the first intermediate payment upon consent.

b. - The date of intermediate payments shall be adjusted in consultation with each other.

(b).

By July 10, 2015, the Plaintiffs did not pay intermediate payments pursuant to the instant sales contract. On July 15, 2015, the Defendant sent to the Plaintiffs, on July 15, 2015, a certified mail stating that the Plaintiffs would cancel the instant sales contract by delaying the obligation to pay intermediate payments under the instant sales contract and confiscate the down payment amount of KRW 30 million received from the Plaintiffs. The content-certified mail reached the Plaintiffs around that time.

C. The Plaintiffs, on July 20, 2015 and July 29, 2015, will implement the instant sales contract to each Defendant.

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