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1. As to KRW 40,00,000 and KRW 20,000 among them, the Defendant shall be from May 29, 2015 to June 17, 2015.
Reasons
1. Basic facts
A. On May 28, 2015, the Plaintiff purchased KRW 299,385,800 from the Defendant, Jung-gu, Seoul (hereinafter “instant real estate”) for KRW 200,00,000, and concluded a sales contract to pay the intermediate payment of KRW 150,000,000 on the date of the contract, and the remainder of the intermediate payment of KRW 150,000,000 on June 2, 2015.
(hereinafter referred to as “the instant sales contract”). (b)
According to the instant sales contract, until the buyer pays the intermediate payment to the seller, the seller shall reimburse the down payment, the buyer may waive the down payment, and the buyer may cancel the said contract (Article 5). If the seller or the buyer fails to fulfill the terms and conditions of the contract, the other party may demand in writing that the defaulted person pay the intermediate payment and cancel the contract.
In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit was agreed to be considered as the standard of compensation for damages unless there is a separate agreement on the damages.
C. On the date of the above contract, the Plaintiff paid the Defendant the down payment of KRW 20 million.
However, on June 1, 2015, the Defendant sent text messages to the Plaintiff to the effect that if the purchase price is increased to KRW 340,000,000, the Defendant would not transfer the balance.
E. On June 2, 2015, the Plaintiff sent text messages to the Defendant, along with the head of the Tong’s balance as the Plaintiff prepared for the balance, to deliver the transfer documents. However, the Defendant sent to the Plaintiff a reply letter to the effect that the instant sales contract could no longer proceed with the unfair contract.
[Grounds for Recognition] Unsatisfy, entry and video of Gap evidence 1 to 7, the purport of the whole pleadings
2. Determination as to the cause of action
A. (1) One of the parties expresses his intention not to perform in advance or the other party provides performance at a bilateral contract for restitution and liability for damages following cancellation of the contract.