(영문) 대전지방법원 2018.05.17 2017가단205216

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(영문) 대전지방법원 2018.05.17 2017가단205216

계약금반환

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1. The Defendant: (a) KRW 48 million to the Plaintiff and the Plaintiff’s 5% per annum from March 30, 2017 to May 17, 2018.

Reasons

1. Basic facts

A. On December 21, 2016, the Plaintiff entered into a sales contract with D, stating that he/she is an agent of the network B, to purchase the Seo-gu, Seo-gu, Daejeon (hereinafter “instant apartment”) No. 110 and 203 (hereinafter “instant apartment”) with the following content (hereinafter “instant sales contract”).

- Sales amount: 245 million won (a contract deposit of KRW 44 million, a balance of KRW 21 million): Payment date: 4 million out of KRW 44 million: Contract date; 20 million on December 22, 2016; and the remainder of KRW 20 million on December 22, 2016; and each payment shall be made simultaneously with the commencement of human test.

- The remaining due date for payment: February 28, 2017 - The remaining due date for payment can be paid before the due date under mutual agreement, and if the lessee to rent the apartment in this case is finalized, the apartment in this case may be ordered at least 10 days prior to the due date for the interior work.

- In case the seller or the buyer fails to fulfill the contract of this case, the other party may notify in writing the default and cancel the contract.

When cancelling a contract, damages may be claimed.

Unless otherwise agreed, the down payment shall be considered as the basis for damages.

B. According to the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 4 million on the day of the contract, and paid the down payment of KRW 20 million on December 22, 2016, respectively.

C. On January 21, 2017, the Plaintiff sought lessee to move into the apartment of this case, and subsequently demanded D to deliver the apartment of this case to the Defendant’s agent to carry out the interior construction.

However, B’s content certification as of January 31, 2017 and its content certification as of February 8, 2017, to the effect that “the instant apartment was not delivered to the Plaintiff,” and that “the instant sales contract is valid” was delivered to the Plaintiff.

Afterward, the Plaintiff is a licensed real estate agent B who arranged the instant sales contract.

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