(영문) 광주지방법원 2020.02.06 2019나56738

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(영문) 광주지방법원 2020.02.06 2019나56738

계약금반환등

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On July 27, 2018, the Plaintiff and the Defendant concluded a sales contract (hereinafter “instant sales contract”) with respect to the building of C, C, 302.8 square meters and the third floor thereof (hereinafter “instant real estate”) owned by the Defendant, setting the sales price as KRW 1.27 billion.7 billion.

However, the Plaintiff and the Defendant stated the purchase price in the sales contract as KRW 1.25 billion, which is lower than the actual purchase price, as KRW 1.27 billion.

On the same day, the Plaintiff paid KRW 100 million to the Defendant as the down payment.

[Grounds for recognition] The facts without dispute, Gap's statements, the argument of the purport of the whole pleadings, and the plaintiff's assertion that the contract of this case was cancelled, the defendant returned 90 million won out of the down payment 100 million won as the plaintiff demanded the cancellation of the contract of this case. The contract of this case was cancelled implicitly.

Therefore, the defendant is liable to pay the remaining down payment of KRW 10 million and damages for delay to the plaintiff.

Judgment

A contract termination or termination is a new contract, regardless of whether the contract is rescinded or not, which provides that the parties to the contract shall terminate the validity of the existing contract by mutual agreement and return it to the same state as that in which the contract had not been concluded from the beginning. In order to be terminated by mutual agreement, there is a mutual agreement between the parties to the contract and the offer and acceptance of the contract (agreement). In order to establish such agreement, the content of the intent expressed by both parties must be objectively identical, and the cancellation of agreement may be implicitly and explicitly made as well as explicitly, but such implied termination may not be realized due to lack or waiver of the parties to the contract.

유사 판례

-광주지방법원 2020.02.06 2019나56738

-부산지방법원 2017.05.12 2016나47406

-수원지방법원 2018.07.19 2017나71673

-창원지방법원 2018.10.18 2018나51710

-대전지방법원 2017.06.15 2016가단27457