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(영문) 제주지방법원 2018.06.04 2016가단56495
계약금반환등청구
Text

1. Defendant C’s each of the Plaintiffs’ KRW 50,00,000 and its payment shall be from December 8, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On December 7, 2015, E entered into a sales contract with Defendant Incorporated Incorporated Co., Ltd. (hereinafter “Defendant Company”) to purchase the real estate listed in paragraphs 1 through 5 of the attached Table, as well as the real estate listed in the attached Table No. 6 of the F, owned by the Defendant Company (hereinafter “instant real estate”) for KRW 3.5 billion (hereinafter “instant sales contract”), and paid the down payment KRW 100 million on the date of the contract.

The main contents of the instant sales contract are as follows.

o Article 3 (Sale Price and Payment of Contract Deposit): KRW 750 million: The scheduled date of payment: December 30, 2015: 2.65 million won: the scheduled date of payment: and the scheduled date of payment: Article 4 (Transfer, etc. of Ownership) on April 30, 2016 shall deliver all documents necessary for the registration of transfer of ownership to the buyer and cooperate in the registration procedure.

o Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or a purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

In addition, damages may be claimed against the defaulted party due to the cancellation of the contract.

o Article 9 (Special Agreement) 8.5 million won of the down payment and the intermediate payment to the seller shall establish a senior ownership transfer registration of the land to be sold in the name of the buyer at the time of payment to the seller.

B. On February 19, 2016, the Defendant Company sold the real estate listed in the [Attachment 1 to 5] List to EFHE Co., Ltd. by the agricultural company, and issued the ownership transfer registration procedure on March 9, 2016.

[Ground of recognition] Unsatisfy, each entry of Gap 1-5 evidence (including paper numbers), and the purport of the whole pleadings

2. Determination on the cause of the claim

(a) In case of sale and purchase of real estate for which a sales contract is cancelled due to impossibility of performance, the seller has already sold the object to another person and the registration of ownership transfer is completed;

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