logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2018.03.28 2017가단5475
계약금반환
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 December 1, 2016, the Plaintiff entered into a contract with the Defendant to purchase real estate listed in the separate sheet (hereinafter “instant real estate”) with the purchase price of at least 1.8 billion won (hereinafter “instant contract”). The key contents are as follows.

Article 2 (Transfer of Ownership, etc.) of the Act on January 15, 2017, the seller, at the time of the contract, shall deliver all documents necessary for the registration of transfer of ownership to the buyer at the time of receiving the balance of the purchase price and cooperate in the registration procedure, and the delivery date of the said real estate shall comply with the special agreement.

Article 6 (Non-performance of Obligations and Compensation for Damages) If the seller or the purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as the basis for compensation for damages, unless otherwise agreed.

Matters of special agreement

4. A contract under which at least 80% (13 units) of the total family room was completed and the remainder payment was made on or before March 15, 2017. Profits and expenses prior to the payment of the remainder shall belong to the seller, and to the buyer from the payment date of the remainder.

5. A seller shall lease the rent for each of his/her rooms as the studio 50 million won standard, the studio 75 million won standard, and the 200 million won standard for the main household, and the seller shall bear the rental brokerage fee.

In addition, the current status of lease contract and lease is transferred to the buyer when the balance is paid.

13. If loan funds desired by the purchaser after the completion of a building, transfer of ownership shall proceed and any balance remaining shall be substituted by creation of chonsegwon.

B. The Plaintiff paid the Defendant the first down payment of KRW 50 million on the date of the contract, and 4.0 million among the second down payment of KRW 50 million thereafter.

arrow