(영문) 서울동부지방법원 2016.11.24 2016가단111561

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(영문) 서울동부지방법원 2016.11.24 2016가단111561

매매대금반환

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1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 23, 2015, the Plaintiffs entered into a sales contract with the Defendants to purchase the purchase price of the Seongdong-gu Seoul, E, F sites and Yang-ground Buildings (hereinafter “instant real estate”) with respect to the purchase price of KRW 2.970 million (hereinafter “instant sales contract”) and paid the Defendants the down payment KRW 100 million on the date of the contract.

B. According to the instant sales contract, the intermediate payment of KRW 400 million was paid on December 29, 2015, and the remainder KRW 2.47 billion was paid on May 31, 2016. The main contents of the sales contract are as follows.

Article 5 [Cancellation of Contract] Before the buyer pays the intermediate payment, the seller shall reimburse the intermediate payment, and the buyer may waive the down payment and cancel this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or a purchaser has any default on the terms and conditions of this Agreement, the other party shall be notified in writing to the person who has defaulted and the contract may be rescinded.

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

[Matters under special agreement] (1) Various public charges until the remainder shall be borne by the seller.

(2) The details of lease shall be KRW 190 million, monthly rent of KRW 7.5 million, and a copy of the lease agreement shall be attached thereto.

(3) A comprehensive transfer and takeover contract including the current lease contract, etc. is a comprehensive transfer and takeover contract, and deposit shall be deducted from any balance, and monthly rent shall be settled on the basis of the balance.

(4) The right to collateral security of KRW 1.524 million with respect to registration shall be cancelled at the time of balance.

(5) The third floor lessee shall be ordered under the responsibility of the seller, and the third floor lessee shall be ordered under the responsibility of the buyer, and the seller shall make an announcement and consultation with the lessee.

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