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Reasons
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(영문) 인천지방법원 2019.06.20 2017가단38326
양수금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 24, 2015, the Association of D (hereinafter “D”) signed a contract with the F Co., Ltd. (hereinafter “Saving”) on the purchase price of KRW 22 billion, down payment KRW 500,000,000,000,000,000 for the purchase price, KRW 500,000,000, and June 24, 2015, which is owned by C (hereinafter “instant building”) and paid down payment KRW 500,000,000.

Of down payment, KRW 300 million is money raised by D, and KRW 200 million is money raised by the defendant.

B. Around May 2015, D and the Defendant drafted a written agreement with the following content:

(hereinafter “instant agreement”) In order to transfer the status of the purchaser of the instant sales contract to the Defendant (hereinafter “Defendant”) due to the circumstances of D(A), agree as follows:

1. A shall transfer the status of purchaser to B under the instant sales contract with the savings bank

2. Eul shall pay Gap one billion won (300 million won is the input cost of Gap, and the remaining KRW 700 million is the compensation rent) to Gap.

Of these, KRW 300 million shall be paid within two weeks from the date of conclusion of this Agreement.

3. The remaining KRW 700,000 shall be paid within 10 days from the date on which Eul acquired the status of a purchaser under the instant sales contract and paid any balance.

6. If the Savings Bank does not approve the change of contractor status, the foregoing content shall be null and void.

C. D requested a savings bank to extend the balance date on June 22, 2015, immediately before the remainder date, by July 24, 2015.

On June 24, 2015, the Savings Bank announced that it would cancel the contract and confiscate the down payment when it fails to pay the balance by June 24, 2015. However, on June 30, 2015, the Savings Bank deposited KRW 2.2 billion, including the down payment amount already paid by June 30, 2015, which is 10% of the total sales price, and notified that it is intended to review whether to extend the payment of the balance if it pays the balance in advance as the number of extended days.

D The conditions presented by the Savings Bank without paying any balance until June 24, 2015 are also the same.

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