(영문) 수원지방법원 2015.11.27 2015나1625 | 리걸엔진

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(영문) 수원지방법원 2015.11.27 2015나1625

계약금반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

(a)The following facts of recognition are not disputed between the parties, or may be acknowledged by taking into account the following facts in Gap evidence 1 to 3 (including paper numbers), Eul evidence 1, and witness D of the first instance trial as a whole the purpose of the entire pleadings:

1) D and C, the husband of the Plaintiff, are the Plaintiff, around 2010, KRW 1731.3 square meters (hereinafter “instant land”) from the Defendant in Ansan-si, Sinsan-si.

(2) The Defendant purchased 1/3 shares in the purchase price of KRW 220 million, and paid the down payment of KRW 22 million to the Defendant on the date of the contract and pay the remainder KRW 198 million to the Defendant on August 5, 2010 (hereinafter referred to as the “instant sales contract”).

(2) The contract written at the time of the above contract states that the buyer is “one person other than D” and the party to the contract may claim damages arising from the termination of the contract respectively to the other party, and the contract deposit shall be deemed as the basis for compensation for damages, unless otherwise agreed.”

3) C paid KRW 22 million to D as the down payment of the instant sales contract, but D delivered only KRW 20 million to the Defendant. Nevertheless, the Defendant signed to the sales contract that it received KRW 22 million. 4) The Defendant was unable to complete the registration of ownership transfer for 1/3 shares out of the instant land until August 3, 2010, which is the remainder payment date, and prepared a written confirmation with the following content to C on August 3, 2010.

The date of the payment of the balance of the instant land transferred shall be the date of the remainder after August 5, 2010 by the Defendant’s fault.

The contractor confirms that the contract is changed from one other than D to the plaintiff. The date of agreement shall be:

8.10.

5) The Defendant did not secure ownership of the shares of 1/3 of the instant land. The Defendant returned the amount of KRW 20 million received around April 20, 201 to D, but D returned the said money to the Plaintiff or C.

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