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(영문) 서울중앙지방법원 2016.09.08 2016가합504860
계약금 등 반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 9, 2015, the Plaintiff and B completed the registration of ownership transfer based on a trust in the Defendant’s future on January 18, 2006, with respect to the instant real estate owned by D, and D, with respect to the instant real estate on January 18, 2006.

In purchasing KRW 10,802,879,685, the contract deposit was agreed to pay KRW 1,080,288,00 on the same day, KRW 4,861,295,842 on April 8, 2015, and KRW 4,861,295,842 on July 8, 2015, respectively.

(hereinafter “instant sales contract”). B.

According to the instant sales contract, the Plaintiff and B paid KRW 1,080,288,00 to the Defendant on January 9, 2015, but did not pay the intermediate payment on April 8, 2015.

On April 15, 2015, the Plaintiff and B prepared and delivered a written confirmation to the Defendant that “if the payment date of the intermediate payment of the instant sales contract was requested to be extended on May 8, 2015, 27,569,540 won for one month’s intermediate payment interest (6.9% per annum), and the intermediate payment is not paid by the extended payment due to the extended payment date, the said delayed payment shall be confiscated, and even if the Defendant cancels the instant sales contract due to the default of the intermediate payment, an objection shall not be raised in entirety.”

C. On May 8, 2015, the extended intermediate payment payment date, the Plaintiff and B failed to pay the intermediate payment by May 8, 2015, and on May 14, 2015, the Plaintiff issued and delivered a written confirmation to the Defendant that “The Defendant again requested the extension of the payment date of the instant sales contract as of June 8, 2015, advance payment of KRW 28,488,525 ( annually 6.9%), interest on intermediate payment for one month, and the payment of the intermediate payment is not made by the extended payment date, the said delay damages shall be confiscated, and even if the Defendant cancels the instant sales contract due to the default of intermediate payment, an objection shall not be raised in entirety.”

Since then, the Plaintiff and B failed to pay the intermediate payment by June 8, 2015, which is the time limit for the intermediate payment, and the case is "the Defendant on June 11, 2015."

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