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1. The Defendant’s KRW 102,576,00 and interest rate of KRW 12% per annum from February 13, 2019 to the date of full payment, and KRW 72,576 among them.
Reasons
1. The Defendant is a company with the objective of real estate development business, etc., and entered into a sales contract to purchase the land, including the land D (hereinafter “instant land”), from Sejong Special Self-Governing City, which is its owner, (hereinafter “instant land”), and paid the down payment amount of KRW 400 million.
Then, on January 3, 2017, the Defendant: (a) sold 288 square meters (hereinafter “purchase shares”) out of the instant land to the Plaintiff, which was physicalizing the land newly built of a church, at KRW 103,680,000; and (b) concluded a sales contract to be divided into the down payment of KRW 31,104,000 (payment date January 4, 2017), intermediate payment of KRW 41,472,000 ( February 20, 2017), and the remainder of KRW 31,104,00 (including completion of civil construction works) (hereinafter “instant sales contract”).
Article 6 of the sales contract of this case provides that "the seller shall return the down payment at the time of the default of the contract and the compensation for damages, and the buyer shall waive the down payment at the time of the default and not claim the return of the down payment."
On February 20, 2017, the Plaintiff paid the Defendant the sum of KRW 72,576,00 in down payment and intermediate payment.
However, the Defendant failed to pay the balance under the preceding sales contract to C, and C notified the Defendant of the performance of the obligation to pay the balance over several occasions, and then filed a lawsuit with the Daejeon District Court seeking confirmation of the non-existence of obligation under the preceding sales contract against the Defendant on December 3, 2018 (hereinafter “related lawsuit”) and the Defendant filed a counterclaim against C. On April 29, 2020, the first instance court rendered that “the prior sales contract was lawfully rescinded on January 20, 2018 due to the Defendant’s default,” and partly accepted the Defendant’s claim for the main lawsuit and the Defendant’s counterclaim, and the first instance judgment became final and conclusive thereafter.
On January 2, 2019, the Plaintiff is the Defendant.