(영문) 인천지방법원 2020.05.07 2019가단19008

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(영문) 인천지방법원 2020.05.07 2019가단19008

손해배상(기)

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs own 1/2 shares each of 1/2 shares of 19 households for multi-household houses in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant real estate”).

B. On April 5, 2019, the Plaintiffs entered into a sales contract with the Defendant to pay KRW 20 million for the first down payment of KRW 2.2 billion for the instant real estate at the time of the contract, the second down payment of KRW 180 million for the second down payment, May 10, 2019, and the remainder of KRW 2 billion to be paid on October 30, 2019 (hereinafter “instant sales contract”), and received KRW 20 million for the down payment from the Defendant on the date of the contract.

C. Article 6 of the sales contract of this case provides that "if the seller or the purchaser has failed to fulfill the terms of this contract, the other party may demand in writing the person who has failed to perform the contract and cancel the contract. In addition, the other party may claim damages arising from the cancellation of the contract to the other party, and unless otherwise agreed on the damages, the contract shall be deemed as the basis for compensation for damages, and the contents of this case relating to

8. Where Party A (the plaintiffs, hereinafter the same shall apply) fails to perform any of the obligations under this Agreement, Party A shall compensate Party B (the defendant; hereinafter the same shall apply) for the amount of the already paid down payment, and where Party B is cancelled under a contract in breach of this Agreement, the already paid down payment shall revert to Party A.

9. If B fails to perform the contract without any justifiable reason, A may cancel or terminate the previous real estate sales contract, and in such case, B may not demand the return of the down payment for any reason, and the down payment already paid shall be considered to have been paid to A as damages.

16. If B fails to comply with the date of the second down payment, it shall be automatically null and void not only this termination of the contract, but also Gap's consent to use of land, etc. which has already been submitted.

On May 10, 2019, the Defendant issued to the Plaintiff A a certificate of content as follows:

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