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(영문) 대전지방법원 2016.09.08 2015가단28002
계약금반환
Text

1. The Defendant’s annual interest in KRW 40,00,000 and each of the above amounts to the Plaintiffs from September 3, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. On July 12, 2013, the Defendant entered into the instant sales contract and deposited the Defendant’s deposit 1) with the Plaintiffs, each of the real estate listed in the separate sheet owned by the Defendant (hereinafter “each of the instant real estate”) and, where individually specified, “the instant real estate” is “the instant real estate.”

2) As to the instant sales contract, the following sales contract was concluded (hereinafter “instant sales contract”).

() On the same day, the Plaintiffs received KRW 40,000,000 from the Plaintiffs. On July 12, 2013, the payment date of KRW 480,000,000 for the purchase price of KRW 40,000 for the remainder of KRW 40,000 for the down payment of KRW 40,000 for the remainder of July 12, 2013, the seller (the Defendant) compensates for the amount double of the down payment for the breach of contract, and the buyer (the Plaintiff) waives the down payment and does not claim the return of the down payment. (ii) The current status of the lease agreement existing in relation to each of the instant real estate at the time of the instant sales contract (hereinafter “the instant lease”) is as follows.

[Attachment 1] D (E) 14,000,000 won 2 F (G) 5,000,000 won 3 H (I) 10,000,000 won totaling KRW 34,000,000 3) 10,000 won as of the time of the instant sales contract, real estate of this case Nos. 1 and 2 as of the time of the instant sales contract, 34,00,000 won totaling KRW 30,000 (hereinafter “instant collateral security”).

300,000,000 won for secured debt of the instant right to collateral security (the secured debt of the instant right to collateral security) was established.

(4) On November 11, 2013, the Defendant deposited the Plaintiffs with the Daejeon District Court’s deposit number 2013 No. 4, “The letter of delegation for the transfer registration of the instant real estate, the Defendant’s certificate for sale, the Defendant’s abstract of resident registration, the Defendant’s resident registration certificate, and the registration right to the instant real estate.”

B. The 1st Plaintiffs in the previous lawsuit filed against the Defendant, revoked the instant sales contract on the grounds that the Defendant refused to pay the remainder, even though they had offered performance of the obligation to pay the remainder, and down payment of the instant sales contract.

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