(영문) 인천지방법원부천지원 2015.07.22 2014가합8331

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(영문) 인천지방법원부천지원 2015.07.22 2014가합8331

계약금반환

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1. The Defendants are jointly and severally liable to the Plaintiffs for KRW 100,000,00 and the amount from November 4, 2014 to July 22, 2015.

Reasons

1. 70,000,000 won out of the down payment of basic facts 200,000,000 won shall be paid on the date of the contract, and the remainder of 130,000,000 won shall be paid on July 21, 2014.

An intermediate payment of KRW 284,00,000 shall be paid on August 29, 2014.

Of the remainder 1,236,00,000 won, the amount equivalent to the lease deposit to be returned by the Defendants to the lessees of some of the part of the instant real estate, which is the amount equivalent to the lease deposit to be paid by the said lessees in lieu of the Plaintiffs, and the remaining 600,000,000 won, which remains after deducting the amount of 50,000,000 won, to be paid by the Plaintiffs in lieu of the issuance of promissory notes or cash custody certificates by the Plaintiffs, from which the Plaintiffs would pay in lieu of the said lessees.

Upon the receipt of any balance, the Defendants issued all documents necessary for the registration of transfer of ownership to the Plaintiffs, and cooperate with the registration procedure, and the delivery date of the instant real estate is August 29, 2014.

In the event that the plaintiffs or the defendants fail to fulfill the terms of the sales contract of this case, the other party may notify the person who failed to perform the contract in writing and rescind the contract.

In addition, the parties to the contract may claim damages for the cancellation of the contract respectively to the other party, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed.

A. On June 27, 2014, the Plaintiffs, as married couple, purchased the instant real estate from the Defendants, as married couple, KRW 1,720,00,000 (hereinafter “instant sales”). The main content of the instant sales contract is as follows.

B. According to the instant sales contract, the Plaintiffs paid to the Defendants the down payment of KRW 70,00,000,00 on June 27, 2014; KRW 40,000,000 on July 21, 2014; KRW 30,000,000 on July 25, 2014; KRW 60,000,000 on August 11, 2014; and KRW 200,000,000 (hereinafter “the down payment of this case”).

C. The Plaintiffs constitute an intermediate payment and the remainder of payments under the instant sales contract.

유사 판례

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