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Reasons
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(영문) 수원지방법원 2018.02.21 2016나74866
계약금 등 반환 청구의 소
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1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's conjunctive claim added by this court, the defendant.

Reasons

1. Facts of recognition;

A. On February 25, 2015, the Plaintiff entered into a sales contract with the Defendant for the purchase of land B and D (hereinafter “instant sales contract”).

The main contents thereof are as follows:

The subject matter of a sales contract: 1,130,00,000 won for purchase and sale of land in the same period: 1,130,000,000 won for down payment, 10,000 won for contract payment. The intermediate payment of KRW 40,00,000 shall be paid on March 20, 2015, and the balance of KRW 1,080,000 shall be paid on March 30, 2015.

A seller shall receive the balance of the purchase price and, at the same time, deliver all documents necessary for the registration of transfer of ownership to a purchaser, and cooperate in the registration procedure, and deliver the said real estate to the purchaser on March 30, 2015.

Matters of special agreement

1. The seller (defendant) shall actively consent to the combination of contract deposit at the same time;

2. The payment of any balance of loans simultaneously with an intermediate payment;

3. The balance date:

3. 30. The date shall be 30. It may be adjusted.

4. All orders for the use of the Seoul Special Metropolitan City Mayor, Canada, and Nonghyup Parking Lots shall be liable to the seller (Defendant).

5. The remainder of KRW 1,080,000 shall be paid on April 20, 2015, with the remainder of KRW 1,080,000, which is an intermediate payment under a sales contract, to be further specified as part of the down payment, and the down payment of KRW 50,000,000, which is a part of the down payment.

B. Around March 19, 2015, the Defendant combined D land and C land in Dongducheon-si and 1706 square meters (hereinafter “instant land”) with D land in Dongducheon-si.

C. Meanwhile, on March 30, 2015, the Plaintiff and the Defendant agreed to extend the remainder date of the instant sales contract to May 11, 2015.

The Plaintiff did not pay the remainder to the Defendant by May 11, 2015, and the Defendant did not deliver the instant land to the Plaintiff.

E. The Defendant leased part of the instant land to E on or around September 1, 2010, and has been operating the Deputy Director of Sejong City until now, and the remainder of the instant land to F.

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