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(영문) 의정부지방법원 2019.07.25 2018가단135225
위약금 청구의 소
Text

1. Defendant D and E jointly pay KRW 10,000,000 to the Plaintiffs and their full payment from June 8, 2019.

Reasons

1. Basic facts

A. On January 13, 2017, Defendant E purchased 858 square meters (hereinafter “instant land”) prior to Dongducheon-si, Dongdu-si (hereinafter “instant land”) and held the title trust with Defendant C.

On January 5, 2017, the registration of ownership transfer in the name of Defendant C was completed with respect to the land in this case.

B. Defendant D was the husband of Defendant E’s representative director G, and Defendant D and Defendant E entered into a sales contract with the Plaintiffs on April 3, 2018 to sell the instant land at KRW 700 million (hereinafter “instant sales contract”). The Plaintiffs paid to the said Defendants KRW 30 million in total, as down payment, KRW 10 million on March 30, 2018, KRW 10 million on April 5, 2018, and KRW 10 million on April 6, 2018.

C. Meanwhile, on July 17, 2018, the registration of ownership transfer was made under the name of H Co., Ltd. on the instant land on the grounds of sale and purchase as of June 25, 2018, and Defendant D and E returned KRW 20 million out of the down payment to the Plaintiffs.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6-1 and 2, the purport of the whole pleadings

2. According to the facts acknowledged prior to the determination as to the claim against Defendant D and E, the instant sales contract was lawfully rescinded due to the completion of the registration of ownership transfer under the name of H Co., Ltd. on July 17, 2018, as to the instant land, Defendant D and E’s obligation for the registration of ownership transfer under the instant sales contract became impossible. The instant complaint, which stated the Plaintiffs’ declaration of termination of the contract due to this reason, was delivered to the said Defendants.

Therefore, Defendant D and E shall jointly restore to the original state upon the cancellation of the sales contract, and shall pay to the Plaintiffs the remainder of KRW 10 million, excluding KRW 20 million already returned out of the down payment of KRW 30 million, as well as the remainder of KRW 10 million after the delivery of the copy of the instant complaint, which is the day following the delivery of the copy of the application for modification of the purport of the instant claim sought by the Plaintiffs.

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