(영문) 서울서부지방법원 2018.03.30 2017가단8909

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(영문) 서울서부지방법원 2018.03.30 2017가단8909

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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. While the Plaintiff is a lessee of the instant housing, the Defendant became a new owner after completing the registration of ownership transfer on the instant housing on January 21, 2015.

B. On March 11, 2015, the Plaintiff and the Defendant concluded a sales contract for selling the instant house to the Plaintiff.

(2) The main contents of the first sale contract of this case are KRW 205,00,000 for purchase price, KRW 90,000 for lease deposit between the Defendant and KRW 90,000 for lease deposit between the Defendant and KRW 115,00 for the remainder.

C. On April 13, 2015, the provisional attachment entry registration, the Seoul Southern District Court 2015Kadan1853, on the instant housing, was completed by the creditor on the ground of provisional attachment order, the Seoul Southern District Court 2015Kadan1853.

(hereinafter referred to as the "provisional attachment of this case").

On January 3, 2017, the Plaintiff and the Defendant concluded a sales contract for selling the instant house to the Plaintiff.

(2) In the event that a buyer pays a balance to a seller, the seller is entitled to pay a double amount of the down payment and rescind the contract until the buyer pays a balance to the seller. The seller is entitled to pay a double amount of the down payment and the intermediate payment of KRW 205,000,000,000, and the intermediate payment of KRW 185,000,000 (in this case, KRW 90,000,000,000, in lieu of the refund obligation of KRW 90,000,000).

On March 11, 2015, the real estate trading contract was discarded by mutual agreement.

E. On January 4, 2017, the Plaintiff sent only KRW 15,000,000 out of the down payment of KRW 20,000,000 under the instant sales contract, to the Defendant. However, the Defendant offered to the Plaintiff a verbal contract that the Plaintiff would change the remainder to KRW 190,00,000 (in this case, KRW 90,000,000,000 shall be substituted by the obligation to return the lease deposit of KRW 90,000) instead of changing the contract amount to KRW 15,00,00,00,000, and the Plaintiff consented to this proposal.

F. The Defendant raised objection to the Plaintiff on January 19, 2017.

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