(영문) 부산지방법원동부지원 2015.11.20 2014가단17918

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(영문) 부산지방법원동부지원 2015.11.20 2014가단17918

계약금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 24, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 651,550,000 for the purchase price (hereinafter “instant apartment”). On the same day, the Plaintiff paid KRW 30,000 to the Defendant as the down payment on the same day.

B. After the conclusion of the instant sales contract, the Plaintiff and the Defendant prepared a letter of delegation stating that “I will delegate all the rights (such as attending meetings and decision-making) of the members of the CPT 103, 3003 (Plaintiffs) to the Plaintiff by way of a real estate sales contract.”

(hereinafter referred to as “the power of attorney of this case”). . [Grounds for recognition] No dispute, entry of Gap evidence 1 through 2, the purport of the whole pleadings.

2. The plaintiff's assertion that the apartment building of this case was primarily ordered by D apartment reconstruction association (hereinafter "the association of this case") and the defendant, despite delegation of the right to post a letter on the Internet bulletin board of the members of this case (hereinafter "the Internet bulletin board of members of this case") according to the delegation of this case, the defendant's unilaterally changed the message board password of this case and failed to perform his obligations under the contract of this case. Thus, the contract of this case was cancelled, and the contract of this case was concluded without knowing the fact that it is impossible to exercise the rights by proxy under the articles of association of the association. The contract of this case was cancelled as an error of the important part of the contract of this case, and the defendant sent a certificate of contents that the contract of this case should be deemed to have waived the contract of this case to the plaintiff.

3. Determination

A. Whether the instant sales contract was rescinded due to the Defendant’s nonperformance of obligation.

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