(영문) 수원지방법원 2015.12.24 2015나24284

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(영문) 수원지방법원 2015.12.24 2015나24284

해약금 반환

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1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. On December 29, 2013, the Plaintiffs purchased the E-building Nos. 501, 502, 503, 504, 505, and 506 (hereinafter “instant real estate”) of the fifth floor of the building in the Gunpo-si, Gyeonggi-do (hereinafter “instant real estate”). However, the Plaintiffs concluded a commercial sales contract with the purport that the payment of the down payment shall be made at the time of the contract, and the remainder amount of KRW 50 million shall be paid on June 30, 2014 (hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.

The main contents of the instant sales contract are the condition that the Defendants present the present lessee by the payment date of the remainder, and is also a condition that the present lessee removes the facilities in use.

As of the contract date, the maximum amount of the debt amount of the right to collateral security is KRW 975,00,000,000 shall be cancelled on the balance payment date, and there shall be no changes in rights by the following day.

The balance date shall be the date of removal and display of the facilities in use by the current lessee, and shall be the date after June 30, 2014.

Until the plaintiffs pay the remainder to the defendants, the defendants shall reimburse the amount of the down payment, and the plaintiffs may waive the down payment and rescind this contract.

If the Defendants or the Plaintiffs fail to perform the terms of this contract, they may notify in writing the person who failed to perform the contract and cancel the contract.

In addition, the parties to the contract may claim damages for the cancellation of the contract respectively to the other party, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed.

B. Plaintiff A paid KRW 25 million, which is part of the down payment on December 29, 2013, and Plaintiff B paid KRW 25 million, which is part of the down payment on December 30, 2013, respectively, to the Defendants.

C. The Plaintiffs planned to pay a balance after receiving a loan from a bank as collateral on the instant real estate, but it is difficult to obtain a loan as much as the necessary amount, which is the remaining payment date.

유사 판례

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