(영문) 춘천지방법원원주지원 2020.10.06 2020가단54915

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(영문) 춘천지방법원원주지원 2020.10.06 2020가단54915

기타(금전)

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On September 26, 2019, the Plaintiff entered into a sales contract with the Defendant for the land of 22 lots listed in the attached Table (hereinafter “instant land”) (hereinafter “instant sales contract”), and the main contents are as follows.

Article 1 Sales Price: Amount of KRW 200,000: Amount of KRW 20,000: Amount of KRW 20,000,000: The seller shall remove the limited real right and transfer his/her right of lawsuit to the buyer after full repayment of the relevant obligation.

Article 6 The seller shall reimburse the amount of the down payment at the time of the down payment, and the buyer shall waive the down payment at the time of the down payment and shall not claim the return thereof.

Where a seller or a purchaser has suffered any loss due to the other party's non-performance of obligation, he/she may claim damages from the other party, separate from the penalty.

Land owned by the network C among the real estate listed in the attached Form of the special agreement (hereinafter referred to as the "special agreement of this case") shall be inherited by the B (Defendant) to transfer the ownership, and shall be supplied to the purchaser upon confirmation by the rest of the heir.

Provided, That it shall be offered to a purchaser by October 10, 2019.

B. On September 26, 2019, the Plaintiff paid KRW 20 million to the Defendant as down payment.

[Ground of recognition] Unsatisfy, Gap evidence 1 and 2

2. The Plaintiff asserted and determined that the instant sales contract was not performed by October 10, 2019 by the Defendant’s obligation to provide the remaining inheritors with the confirmation of the ownership of the deceased C, as stipulated in the instant special agreement, and that it has not been performed by not later than the remainder payment date. The Plaintiff asserted that the instant sales contract was revoked by delivery of the complaint of this case and filed a claim against the Defendant for the payment of KRW 40 million, which is a double payment of the down payment, and the delay damages therefrom, with the penalty stipulated in Articles 6 and 7 of the instant sales contract.

The defendant remains.

유사 판례

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