logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.07.12 2016가합42179
계약금반환
Text

1. The Defendant shall pay to the Plaintiffs KRW 220,00,000 as well as 15% per annum from February 10, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On January 14, 2016, the Plaintiffs entered into the instant contract, as well as D land and above-ground buildings owned by the Defendant (hereinafter “instant land and buildings”).

(2) On January 19, 2016, the Plaintiffs entered into a contract with the Defendant to purchase the instant land and building at KRW 10,000,000 (hereinafter “instant contract”) and paid KRW 220,000,000 (including KRW 10,000,000) to the Defendant on the same day. The Plaintiffs agreed to pay the remainder of the instant contract amount to KRW 1,10,000,000 (including KRW 10,000,000) to the Defendant on the same day.

B. (1) On January 28, 2016, Plaintiff A discovered that there was water difference in the underground floor of the instant building. The Plaintiffs contacted F through E and requested to cancel the instant sales contract. On January 29, 2016, the Plaintiffs sent the Plaintiff’s community credit account number to F and the Defendant via E. On two occasions on February 16, 2016 and February 24, 2016. (2) The Plaintiffs notified the Defendant of the intention to cancel the instant sales contract on the ground that it is impossible to achieve the purpose of the instant sales contract due to defective defects, such as cracks, water leakage, etc. of the instant building.

On February 22, 2016, the Defendant sent a written notification to the Plaintiffs to pay the balance pursuant to the instant sales contract, as it cannot be acknowledged that the Plaintiffs claim for cancellation.

3. On February 28, 2016, the remaining payment date, the Defendant prepared all relevant documents, such as real estate rights certificates and certificates of personal seal impression necessary for the transfer of ownership on the instant land and buildings, but had the Plaintiffs keep them in the real estate agent office.

arrow