logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.01.15 2018가단339443
매매대금반환
Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts recognized;

A. On February 19, 2018, the Plaintiffs, the married couple, decided to purchase each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from the Defendant, and concluded each of the following sales contracts (hereinafter “each of the instant sales contracts”) with the Defendant around February 22, 2018 (as to the real estate listed in the separate sheet No. 1; hereinafter “E”), and around February 22, 2018 (as to the real estate listed in the separate sheet No. 1; hereinafter “instant real estate”).

Each purchase price: 190,000,000 - Contract deposit: 10,000,000 won (payment on the day of each contract): The remainder payment of KRW 180,000: The remainder payment date: the special agreement on April 15, 2018 (E) and April 19, 2018 (D): The remainder payment period is set, but the remainder payment is made at the time of occupancy of tenants after mutual agreement.

B. The Plaintiffs paid to the Defendant the sum of KRW 20,000,000 (per KRW 10,000,000 each of the subparagraphs E and D) according to each of the instant sales contracts.

[Reasons for Recognition] Unsatisfy, each entry of Gap 1-4 evidence (including virtual number), and the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The gist of the assertion was that the Defendant, at the time of each of the instant sales contracts, agreed to lease each of the instant real estate at KRW 180,000,000 and promised to substitute the remainder of KRW 180,000 with the security deposit to pay for the remainder of KRW 180,000,000. However, in violation of this agreement, the Defendant concluded a lease agreement with the security deposit at KRW 170,000,000, and did not notify the Plaintiffs thereof, and the obligation to deliver documents necessary

As such, the Defendant’s act constitutes the nonperformance of the obligation under each of the instant sales contracts, the Plaintiffs cancelled each of the instant sales contracts on the grounds thereof, and sought payment of KRW 20,000,000, which is a double of the down payment with compensation for damages.

B. As the plaintiffs alleged above, the defendant set the lease deposit amount to KRW 180,000,00.

arrow