(영문) 서울서부지방법원 2019.12.17 2019가단229700

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(영문) 서울서부지방법원 2019.12.17 2019가단229700

계약금 반환

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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 December 29, 2018, the Plaintiff entered into a contract with the Defendant to purchase the Yongsan-gu Seoul Metropolitan Government Ground Housing (hereinafter “instant Housing”) at KRW 1.42 billion, among which the down payment is KRW 14 million, the remainder KRW 1.13 million shall be paid on January 30, 2019 when entering into the contract, and the remainder KRW 15 million shall be paid on behalf of the Defendant to succeed to the obligation to refund the deposit (hereinafter “instant sales contract”). On December 31, 2018, the Plaintiff paid the Defendant the down payment of KRW 3 million out of the down payment of KRW 14 million on the date of the contract, and the remainder of the down payment of KRW 1.1 million to the Defendant on December 31, 2018.

Article 6 of the sales contract of this case stipulates that the down payment shall be considered as the basis of compensation for damages in the event of default.

B. The Plaintiff failed to pay the remainder by the due date of the remainder payment, and the Defendant, on March 15, 2019, considers that the instant sales contract was cancelled if the remainder is not paid to the Plaintiff by March 29, 2019, and the down payment received shall be confiscated as the estimated amount for damages.

“The Plaintiff sent a content-certified mail, but the Plaintiff did not pay any balance after March 29, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 3, and the purport of the whole pleadings

2. According to the above facts, the sales contract of this case was lawfully rescinded by the defendant's declaration of rescission on the ground of the plaintiff's default of obligation to pay the remainder, and the defendant is obligated to return the down payment received as restitution to the plaintiff, barring any special circumstances.

The defendant shall set off against the plaintiff that the down payment belongs to the defendant pursuant to Article 6 of the sales contract of this case, and the plaintiff shall be deemed to have difficulty in preparing the balance due to loan regulations, and the defendant shall not be deemed to have suffered losses due to the cancellation of the sales contract of this case, and the value of the housing of this case has increased due to the redevelopment improvement project.

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