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Reasons
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(영문) 대구지방법원경주지원 2013.11.15 2013가합1211
위약금 등
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 14, 2013, the Plaintiff entered into a sales contract with the Defendant and Sejong-si to purchase KRW 332,350,000 of the purchase price of KRW 1294 square meters (hereinafter “instant land”). The Plaintiff agreed to pay KRW 58,350,000 on the date of the contract, intermediate payment of KRW 74,00,000 on January 31, 2013, and the remainder of KRW 200,000,000 on March 5, 2013.

(hereinafter “instant sales contract” (However, the sales contract was made up only a sales contract for reporting the remainder of KRW 304,980,000, the down payment of KRW 30,980,000, the intermediate payment of KRW 74,000,000, and the remainder of KRW 200,000.

On January 31, 2013, the Plaintiff paid to the Defendant the contract deposit of KRW 58,350,000, and the intermediate payment of KRW 74,000,000.

C. On February 14, 2013, the Plaintiff applied for a boundary restoration survey on the instant land to the Daegu-si Branch of the Korea Cadastral Survey Corporation and the Korea Cadastral Survey on the 21st of the same month, which was delegated by the Defendant, and the survey was conducted on February 21, 2013, it was confirmed that the D Ground Building adjacent to the instant land was part of the instant land (15 square meters).

The Plaintiff did not pay the remainder until the payment date of the remainder, and on March 6, 2013, the Defendant notified the Plaintiff that “if the remainder is not paid within seven days, the Plaintiff would cancel the sales contract of this case.”

Nevertheless, as the Plaintiff did not pay any balance, the Defendant notified the Plaintiff of the cancellation of the instant sales contract on March 16, 2013.

E. On March 21, 2013, the Defendant deposited 101,780,000 won (27,370,000 won (58,350,000 won--30,980,000 won) in the actual down payment and the down payment under the sales contract) with the Plaintiff as the deposited person, and the Plaintiff paid 74,00,000,000 won (410,000 won + 410,000 won).

【No dispute over the basis for recognition”, Gap evidence No. 1, and No. 4

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