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(영문) 수원지방법원안산지원 2020.11.25 2020가단4188
계약금반환등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On August 6, 2019, the Plaintiff entered into a contract with the Defendant to purchase KRW 150 square meters (hereinafter “instant land”) of KRW 270,00,000 among KRW 9,184 square meters in Ansan-si, Ansan-si (hereinafter “instant contract”) and paid the Defendant the down payment of KRW 27,00,000.

The main contents of the instant sales contract are as follows.

Any balance of 243,000,000 won shall be paid on March 10, 2020.

In addition to the receipt of the balance of the purchase price, the seller shall deliver all the documents necessary for the registration of transfer of ownership to the purchaser and cooperate in the registration procedure, and the delivery date of the land in this case shall be March 10, 2020.

Where a seller or a purchaser fails to fulfill the terms and conditions of this contract, the other party may terminate the contract by peremptory notice in writing to the person who has defaulted.

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

A seller shall transfer ownership at the same time with the receipt of any balance after completing the completion of civil engineering works.

If necessary, the seller shall implement the division and merger.

After completion of development activities, a change of land category to another shall be performed by a seller.

On March 17, 2020, the Plaintiff notified the Defendant that the instant contract was rescinded by content-certified mail, and that the Defendant did not complete the completion of civil works by March 10, 2020.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was rescinded by the Defendant’s cause attributable to the failure to complete the completion of civil engineering works by March 10, 2020.

Therefore, the defendant should pay to the plaintiff a sum of KRW 54,00,000,000, calculated on the basis of down payment KRW 27,000 and down payment.

B. For the following reasons, the Plaintiff’s intent to rescind the instant sales contract is expressed.

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