beta
Text
1. The Defendant shall pay to the Plaintiff KRW 75,481,201 and a rate of KRW 20% per annum from January 20, 2015 to the date of complete payment.
Reasons
1. The gist of the Plaintiff’s assertion is as follows: (a) the Plaintiff selectively cancelled the sales contract on the grounds that the Defendant failed to perform the instant officetel sales contract; (b) sought restitution of the purchase price as a result of the cancellation of the sales contract; and (c) the Plaintiff, even though the Defendant was unable to transfer the ownership of an officetel, obtained the purchase price by deceiving the Plaintiff as if he could transfer the ownership of the said officetel; and (c)
2. Determination:
A. We examine the claim for return of the price caused by the cancellation of the sales contract.
B. In full view of the facts in dispute between the parties, Gap evidence Nos. 1 (including provisional number), Gap evidence No. 2, Gap evidence No. 3-1, and Gap evidence No. 5, the purport of the whole pleadings is as follows: ① on March 14, 2013, the Plaintiff purchased at KRW 75,481,201 of the nine-story B Officetel No. 929 (hereinafter “instant Officetel”) with the Defendant on March 14, 2013; ② the Plaintiff paid the Defendant the down payment of KRW 17,16,600 on March 14, 2013; ② the Plaintiff paid the remainder of April 2, 2013 to the Defendant at KRW 58,314,601 on the remainder of April 2, 2013; ③ However, the Plaintiff, who did not implement the procedure for the ownership transfer registration of the instant Office, notified the Defendant to implement the ownership transfer registration procedure through the ownership transfer registration procedure.
In addition, the fact that the duplicate of the complaint of this case containing the plaintiff's declaration of termination of contract was delivered to the defendant on January 19, 2015 is significant in this court.
C. According to the above facts, the sales contract for the instant officetel is deemed to have been rescinded by being served on the Defendant with a copy of the instant complaint containing a declaration of intent to cancel the contract. As such, the Defendant is obligated to pay to the Plaintiff 75,481,201 won in the purchase price and 20% delay damages per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 20, 2015 to the date of full payment, as the Plaintiff seeks.