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Reasons
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(영문) 대구지방법원포항지원 2015.04.21 2014가합548
계약금반환 등
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1. The Defendant’s KRW 97,00,000 as well as the Plaintiff’s annual rate of KRW 5% from January 28, 2014 to March 5, 2015.

Reasons

1. Facts of recognition;

A. On May 11, 2013, C entered into a sales contract with the Defendant for the purchase of KRW 51 square meters in Nam-gu E-gu, Nam-gu (hereinafter “instant land”) of KRW 170,000 (hereinafter “instant sales contract”) under the following conditions: (a) the Defendant paid KRW 30,000,000 as down payment; and (b) the Defendant paid KRW 50,000,000 as intermediate payment on May 24, 201.

Article 2 In the sale of real estate, the purchaser shall pay the purchase price of KRW 170,00,000 (the down payment of KRW 30,000,000 at the time when the contract was entered into, and the intermediate payment of KRW 50,00,000 shall be paid on May 24, 2013; the remainder of KRW 90,000,000 shall be paid on June 20, 2013) to the buyer, and the buyer shall compensate for twice the down payment and the down payment shall not be refunded if the buyer has breached the contract:

B. On June 20, 2013, which is the remainder payment date of the instant sales contract, C requested the Defendant to implement the procedures for registration of ownership transfer of the instant land by providing the remainder KRW 90,000,000, which is the remainder payment date of the instant sales contract. However, the Defendant failed to comply with such requirements. On July 18, 2013, C notified the Defendant to perform the procedures necessary for the registration of ownership transfer under the instant sales contract, but the Defendant did not perform such procedures.

C sent the content-certified mail to the Defendant on January 22, 2014, and the above content-certified mail sent to the Defendant on January 27, 2014.

C. On January 31, 2015, the assignment of claims C transferred all the claims against C to the Defendant under the instant sales contract, and notified the Defendant of the assignment of claims on February 6, 2015, and the said notification reached the Defendant on February 9, 2015.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 7 (including paper numbers).

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