(영문) 제주지방법원 2018.11.05 2018가단3228

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 제주지방법원 2018.11.05 2018가단3228

계약금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 73,00,000 as well as 15% per annum from May 3, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On December 4, 2017, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 730,000,000 with respect to the instant real estate (hereinafter “instant real estate”) on the Jeju-si and four parcels owned by the Defendant (hereinafter “instant sales contract”), and paid the Defendant the down payment of KRW 73,00,000 on the date of the contract, and paid the remainder KRW 657,00,000 until January 19, 2018.

B. At the time of the instant sales contract, the registration for the establishment of a neighboring mortgage and the establishment of superficies was completed with respect to the instant real estate as an obligor, and with the amount of maximum debt amount of KRW 216,00,000,000, to the obligee

C. The Plaintiff intended to pay a balance after receiving a loan from the instant real estate as collateral but failed to proceed with the loan procedure, and thus, the remainder date was extended until February 10, 2018 upon request from the Defendant.

However, on February 12, 2018, the Plaintiff failed to comply with the due date for the remainder, and requested the Defendant to extend the due date for the remainder by March 10, 2018. D.

Accordingly, on February 20, 2018, the Defendant extended the remaining payment date to the Plaintiff by March 13, 2018, and sent to the Plaintiff a certificate of content that the sales contract will be terminated and the down payment will be confiscated if the said extension date is not complied with.

Since then, without paying any balance by March 13, 2018, the Plaintiff again requested an extension of the remainder payment period until April 6, 2018. However, the Defendant rejected such request and sent a certificate of content that the instant sales contract will be rescinded on March 14, 2018.

E. Since June 21, 2018, the Defendant sold the instant real estate to E, and completed the registration of ownership transfer on August 9, 2018.

[Ground of recognition] Facts without dispute, Gap 1-4 evidence (including paper numbers), Eul 1-4 evidence, the purport of the whole pleadings

2. The parties' assertion

A. In order for the Plaintiff to cancel the instant sales contract, the seller.

유사 판례

-대구지방법원포항지원 2019.01.18 2018가합10598

-서울동부지방법원 2016.03.15 2015가단28174

-창원지방법원통영지원 2016.11.30 2016가단22416

-서울동부지방법원 2015.02.09 2014가단12455

-수원지방법원 2016.08.12 2015가합63520