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Reasons
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(영문) 부산지방법원 2018.09.20 2017가단17821
계약대금반환
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1. The Defendant’s KRW 65,00,000 and the following day shall be 5% per annum from July 7, 2017 to September 20, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On August 27, 2016, the Plaintiff concluded a contract to purchase KRW 3,850,000 (hereinafter “instant sales contract”) for multi-family houses located in the Defendant and Busan-gu Y C (hereinafter “instant building”) with KRW 23 households (D-E, F-Gho Lake, H-I, J-K, L, Mho, No. n, M, P, P, Q, R, S, and T-Uhoho), and paid KRW 50,000 on the date of the contract (hereinafter “instant sales contract”). On September 1, 2016, the Plaintiff agreed to pay KRW 150,000,000 for intermediate payment and KRW 3,650,000 for the remainder on October 28, 2016, and KRW 650,000 for the remainder on October 3, 2016.

B. In the instant building 2 and 3Ra, the system air conditioners were not installed, compared to the system air conditioners were installed.

C. On September 8, 2016, the Plaintiff sent to the Defendant a content-certified mail stating that “A system air conditioners are not installed in No. 1Ra because the content of the contract differs from that of the contract,” and that “a system air conditioners are not installed in the first place.” If it is not installed, the Plaintiff sent to the Defendant a content-certified mail stating that the Defendant would pay the down payment and penalty as it violates the contract without installing it.”

On October 18, 2016, the Defendant was liable to the Plaintiff for breach of the contract if the Plaintiff did not pay the intermediate payment and the remainder to the Plaintiff, as the title “case of notification, etc. of rescission of the contract”.

'A' sent content-certified mail to that effect.

E. Meanwhile, on September 13, 2016, the Defendant sold Nos. 242,80,000 among the instant buildings to V, and completed the registration of ownership transfer on September 29, 2016, and sold Nos. 120,000 among the instant buildings to W on September 26, 2016, and completed the registration of ownership transfer on October 5 of the same year.

F. On June 8, 2017, the Plaintiff filed the instant lawsuit.

[Grounds for recognition] Each entry of Gap 1-4 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion;

A. The Defendant asserting the Plaintiff is to install a system air conditioner in the instant building.

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