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1. The Defendant: (a) KRW 150,00,000 for the Plaintiff and 5% per annum from September 1, 2017 to November 12, 2017; and (b) the Plaintiff.
Reasons
1. Facts of recognition;
A. On June 25, 2016, the Defendant concluded a contract for sale of land and housing on December 30, 2016 between the Plaintiff and the Plaintiff to newly construct and sell a house on the ground of the land of the wife population C (hereinafter “instant land”). On June 25, 2016, the Defendant concluded a contract for sale of land and housing on December 30, 2016, with the sale price of KRW 530,00 (excluding value-added tax)
(hereinafter “instant contract”). (b)
Accordingly, on June 26, 2016, the Plaintiff paid 40 million won as down payment, 90 million won as the first intermediate payment on August 23, 2016, and 200 million won as the second intermediate payment on October 7, 2016.
C. However, even after the lapse of December 30, 2016, the scheduled occupancy date, the Plaintiff sent to the Defendant a certificate stating that “The Plaintiff, on May 22, 2017, cancelled the instant contract on the grounds of the Defendant’s nonperformance, refund the purchase price and pay damages until May 31, 2017.”
On May 31, 2017, the Plaintiff and the Defendant drafted a written agreement for rescission of real estate trade (Evidence A5; hereinafter referred to as “instant written agreement for rescission”) and the main contents thereof are as follows:
B D A
E. On June 1, 2017, on the day following the day on which the rescission agreement of this case was prepared, the entry of the provisional disposition order issued by E, F, the former owner of the instant land, was completed on the instant land.
In addition, E and F filed a provisional disposition against the Defendant to the Suwon District Court 2017Kahap10132, and executed the provisional disposition on September 18, 2017, stating that “the Defendant shall not construct a building or other structure on the land of this case on the civil engineering and on the ground.”
Due to these circumstances, the new construction corporation of this case has not been properly carried out.
[Ground of recognition] Items A through 5, 10, 11, 6, and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that the instant contract was concluded on May 31, 2017.