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(영문) 부산지방법원 2020.10.13 2020가단302420
매매대금반환
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On March 8, 2017, the Plaintiff entered into a sales contract with the Defendant for Pyeongtaek-gun C building D with the following content, and paid KRW 14,790,800 to the Defendant as the down payment on the same day.

The amount of supply contract deposit of KRW 147,908,00 (10%) 14,790,800 at the time of a contract: 14,790,800 at the time of a contract: The second half of KRW 14,790,800 on March 10, 2017 (10%) 14,790,800 on March 10, 2017 (10%) The third half of KRW 14,790,80 on March 14, 2017 (10%) The fourth half of KRW 4,790,80 on March 14, 2017 (10%) : the first half of KRW 14,790,80 on April 10, 2017 (10%) 10% on May 10, 2017; the remainder of KRW 300,509 (10%)

B. In addition, on April 16, 2017, the Plaintiff entered into a sales contract with the Defendant for the said C building E with the following content, and paid KRW 14,790,800 to the Defendant as the same day’s down payment.

(hereinafter referred to as "each of the instant sales contracts" in the above paragraph (a). The amount of 147,908,000 won for a supply contract (10%): First Lieutenant (10%): 14,790,800 won for a contract: April 30, 2017; Second Lieutenant (10%): 14,790,800 won for a contract: April 30, 2017; Three Medium Lieutenant (10%) for a contract; 14,790,800 won for a third period (10%): April 30, 2017; 14,790,800 won for a contract; 10: 4% for a contract; 790,800 won for a contract; 10% for a final inspection; 20% for a final inspection (10%); 30% for a total of KRW 14,790,800; 10% for a 50% or more for a final inspection (17: 10%)

2. Although the Plaintiff agreed with the Defendant to provide F 160 square meters and G 480 square meters as collateral to the bank and to pay the intermediate payment and balance of each sales contract of this case with loans, the Defendant demanded the Plaintiff to change the Plaintiff’s registered domicile to Seoul on the ground that the Plaintiff’s registered domicile is Busan, not Seoul, but the real estate offered as collateral is not Seoul, and thus it is impossible to lend a loan because it is not Seoul.

However, the above request for the transfer of registered domicile and the offer of security for the real estate located in Seoul does not exist in the sales contract of this case.

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