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(영문) 수원지방법원안양지원 2020.08.14 2019가단102060
해약금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 14, 2017, D purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) between the Defendant and the purchase price of KRW 930 million, but the down payment of KRW 90 million is KRW 200 million on the date of the conclusion of the contract, and the intermediate payment of KRW 210 million on March 15, 2018, and the remainder payment of KRW 630 million on May 25, 2018 (hereinafter “instant first sale contract”), and concluded a sale contract with the Defendant to pay KRW 630 million on May 25, 2018 (hereinafter “instant first sale contract”). As a special agreement, D concluded the first sale contract, “the instant first sale contract will be re-re-written where any change, such as the purchaser’s name and schedule, occurs.”

B. On November 26, 2017, the Plaintiffs purchased each of the instant real estate in KRW 925 million between the Defendant and the Defendant, and the down payment KRW 100 million was concluded on the date of concluding a contract; the intermediate payment KRW 300 million was made on January 5, 2018; and the remainder KRW 525 million was paid on May 30, 2018 (hereinafter “the instant secondary sales contract”); and the main contents are as follows.

B. Before the Plaintiffs paid the intermediate payment to the Defendant, the Defendant pays the intermediate payment, and the Plaintiffs may waive the down payment and rescind the secondary sales contract of this case.

(hereinafter “instant cancellation fee agreement”). In the event that the Defendant or the Plaintiffs did not comply with the terms and conditions of the instant secondary sales contract, the other party may give written peremptory notice to the person who failed to perform the contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be deemed as the basis for the compensation for damages unless otherwise agreed on the damages (hereinafter “instant contract”).

On November 26, 2017, the Plaintiffs paid 100 million won down payment to the Defendant.

On November 27, 2017, the Defendant returned KRW 100 million to the Plaintiffs on the following day.

E. The Defendant on April 2, 2019

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