beta
Text
A sales contract concluded on June 30, 2015 between the Plaintiff and the Defendant on each real estate listed in the separate sheet shall be effective.
Reasons
1. As to the claim for confirmation of invalidity of a sales contract
A. 1) On June 30, 2015, the Defendant entered into a sales contract with the Plaintiff each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”).
(2) Upon purchasing the purchase price in KRW 570,00,000, the down payment of KRW 20,000 shall be paid on the date of the contract, and KRW 300,000,000 out of KRW 550,000,000 on the date of the contract shall be paid on July 2, 2015, and KRW 150,000,000 shall be paid on July 10, 2015; and KRW 150,000,000 shall be paid on September 30, 2015, and the time for payment shall be determined at the time of the construction permit (hereinafter “instant sales contract”).
(2) At the time of the instant sales contract, the Plaintiff and the Defendant agreed not to accurately perform the date and amount specified in the contract at the time of the payment of the intermediate payment and the remainder, the instant sales contract is null and void, and the Defendant agreed not to refund the down payment in entirety, and the Defendant paid the Plaintiff KRW 20,000,000 as the down payment, totaling KRW 20,000,000,000, on June 2, 2015, 2015.
The Defendant paid KRW 30,00,000,000 to the Plaintiff on August 4, 2015, and KRW 20,000,000 on August 12, 2015, and KRW 30,000,00 on August 18, 2015, as part of the sales price of the instant sales contract.
3. Around August 3, 2015, the Plaintiff notified the Defendant of the Plaintiff’s demand for payment of the purchase price and the cancellation thereof. At the time of the instant sales contract, the Plaintiff promised to pay KRW 300,000 of the first intermediate payment to the Defendant on July 2, 2015, but agreed to pay the said payment by July 24, 2015, which was deferred several times without complying therewith, but the Defendant sent notification that the instant sales contract was rescinded by mail.
On August 12, 2015, the Defendant paid to the Plaintiff KRW 100,000,000 out of the sales price for the unpaid sales price until the date of the payment.