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(영문) 광주지방법원 2016.11.29 2016가단17953
부동산매매계약금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 11, 2016, the Plaintiff’s agent C concluded a sales contract with the Defendants to purchase KRW 1,248,00,000 of the amount of KRW 827 square meters (hereinafter “instant real estate”) owned by the Defendants and the Defendants, with the effect that KRW 1,248,00,000 shall be paid on the contractual day, and KRW 570,000 shall be paid on the contractual day, and the Defendants shall cancel the loans of KRW 570,000 until the date of the remainder payment, and the Plaintiff shall pay KRW 1,148,00,000 for the remainder payment until February 29, 2016.

(hereinafter “instant sales contract”). On the same day, the Plaintiff paid the Defendants a down payment of KRW 100 million on the same day.

(A) Evidence 2. (b)

The Plaintiff’s agent C and the Defendants, as of the same day, entered into a sales contract with the sales amount of KRW 1,098,000,000 (the remaining amount of KRW 998,00,000) as well.

(A) Evidence No. 1 (c)

On March 4, 2016, the Defendants sent to the Plaintiff a certificate of content that “In the event that the Plaintiff’s settlement of accounts is not performed by March 10, 2016 after receipt of the certificate of content, the Defendants sent to the Plaintiff a written notification that the instant sales contract will be rescinded if the settlement of accounts is not performed by March 10, 2016 after receipt of the certificate of content.”

(No. 1.D.)

On March 11, 2016, the Plaintiff drafted a certificate of performance of real estate sale and purchase with the following contents to the Defendants:

(B) No. 2-1, 2). In selling and buying the instant real estate, the remaining settlement date is delayed due to unavoidable circumstances, and the remaining settlement date is delayed until March 31, 2016 by mutual agreement between both parties on February 29, 2016, and if the remaining settlement date is not reached by the same date, the remaining settlement date shall be postponed by March 31, 2016. If the remaining settlement date is not reached, all the powers pertaining to the sale and purchase of the said real estate shall be waived, and interest for the delayed period shall be paid at 4% per annum.

E. On March 14, 2016, the Defendants sent the following content certification to the Plaintiff on the basis of the said certification written by the Plaintiff.

(b).

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