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(영문) 제주지방법원 2017.01.17 2016가단52080
손해배상(기)
Text

1. As to the Plaintiff KRW 50,000,000 and KRW 25,000 among them, the Defendant shall have the remainder from March 5, 2016 to 25,00.

Reasons

1. Facts of recognition;

A. Between the Plaintiff and the Defendant, the Plaintiff purchased C 127 Dong 102 (hereinafter “instant apartment”) from the Defendant for KRW 245 million, and the down payment amounting to KRW 25 million on the date of the contract, and the remainder amount to KRW 220 million on February 29, 2016, respectively, shall be paid in advance on the date of the contract, and if one of the parties violates the contract, the down payment shall be deemed as the amount of damages. The real estate sales contract (hereinafter “instant sales contract”) was prepared as of January 29, 2016, stating that the down payment shall be deemed as the amount of damages if one of the parties violates the contract.

B. On January 29, 2016, the date on which the instant sales contract was prepared, the Plaintiff received the occupancy certificate and key of the instant apartment from the management office. On January 30, 2016, the Plaintiff deposited KRW 25 million in the Defendant’s account as the down payment.

C. On February 24, 2016, the Plaintiff asked the Defendant of any balance and the timing and procedures for the transfer of registration, etc., and on February 1, 2016, the Defendant responded to the purport that the conclusion of the instant sales contract was withdrawn, and that the instant sales contract was not concluded.

On March 3, 2016, the Plaintiff sent a notice to the Defendant that the instant sales contract will be rescinded on the grounds of the Defendant’s refusal to implement the contract, and reached March 4, 2016.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 8 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts as seen earlier, the Defendant clearly refused to perform the duty to transfer the registration under the instant sales contract, and the Plaintiff rescinded the instant sales contract on the grounds of the Defendant’s refusal to perform. Barring any special circumstance, the Defendant is obligated to return the down payment of KRW 25 million already paid to the Plaintiff and pay the penalty of KRW 25 million under the instant sales contract to the Plaintiff.

B. As to this, the defendant shall not attend the place where the sales contract of this case is prepared.

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