(영문) 서울중앙지방법원 2018.09.14 2017가단112094

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(영문) 서울중앙지방법원 2018.09.14 2017가단112094

매매대금반환 청구의 소

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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 January 28, 2016, the Plaintiff entered into a sales contract with the Defendant and Gangseo-gu Seoul Metropolitan Government, and E-building F in D to purchase KRW 210,000,000 (hereinafter “instant sales contract”) and paid KRW 40,00,000 on the day the said contract is concluded.

B. The remainder of KRW 170,000,000 (payment per contract date) as the sales price of KRW 210,000,000 (payment per contract date) of the sales contract shall be KRW 170,000,000 (payment on January 28, 2016), upon receipt of the balance of the sales price, shall deliver all documents necessary for the registration of transfer of ownership to the purchaser, and shall cooperate in the registration procedure, and the delivery date of the said real estate shall be February 29, 2016.

0 until the buyer pays the intermediate payment to the seller (if there is no intermediate payment, the seller shall reimburse the intermediate payment, and the buyer may waive the down payment and rescind this contract.

0. Where a seller or a buyer has any default under this contract, one of the parties to the contract may notify in writing the other party who has defaulted his/her obligation, and may rescind the contract if he/she has failed to perform the obligation.

In such cases, the seller and the buyer may claim damages from the other party respectively, and the standards of Article 5 shall apply unless otherwise agreed on the damages.

0 Matters to be entered into a special agreement may be loaned due to the event situation or the Plaintiff’s credit standing.

Some of the balance (140,000,000) shall be replaced by bank loans.

The full amount of the down payment shall be refunded when the loan has not occurred.

C. On November 3, 2016, the Defendant sent to the Plaintiff a content-certified mail stating that the instant sales contract will be rescinded on the grounds that the Plaintiff would be unpaid, and the mail reached the Plaintiff around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff and the defendant alleged in the sales contract of this case hold a bank of KRW 140,00,000 out of the remainder.

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