(영문) 수원지방법원 2015.01.14 2013나50708

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(영문) 수원지방법원 2015.01.14 2013나50708

계약금 반환

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On March 24, 2013, the Plaintiff leased, from the Defendant, Suwon-si, Suwon-si C Apartment 109 Dong 702 (hereinafter “instant apartment”), a deposit of KRW 165,00,000 (the contract deposit of KRW 16,50,000,000 for the delivery of real estate and the payment date of the remainder, June 3, 2013), and the period from June 3, 2013 to June 3, 2015.

(hereinafter “instant contract”). B.

The Plaintiff paid the Defendant KRW 3,00,000 on March 24, 2013, and KRW 16,500,000 on March 25, 2013, and completed the payment of KRW 16,50,000 on down payment.

C. After that, the Plaintiff and the Defendant agreed to postpone the delivery and the remainder payment date of the instant apartment from June 3, 2013 to June 7, 2013.

On June 4, 2013, the Defendant delivered, through a licensed real estate agent D, the purport that the instant apartment cannot be transferred to the Plaintiff on his own business trip on June 7, 2013, and that the Plaintiff and the Defendant agreed to change the delivery date of the instant apartment to June 9, 2013.

E. After preparing the remainder on June 9, 2013, the Plaintiff demanded the Defendant to receive the remainder and deliver the instant apartment. Since the Plaintiff did not pay the remainder on June 7, 2013, the Defendant responded to the cancellation of the instant contract, and did not deliver the instant apartment.

On June 19, 2013, the Defendant sent to the Plaintiff a content-certified mail to cancel the instant contract and confiscate the down payment that the Plaintiff paid.

F. On June 11, 2013, the Plaintiff paid KRW 240,000 to E, and as a broker, leased another apartment in the same complex as the instant apartment to KRW 180,000,000, and occupied the said apartment around June 22, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 5, 6, 7, 9 (including the number of branches), Eul witness D's testimony and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion and the Defendant around June 4, 2013 are the delivery and remainder of the instant apartment.

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