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(영문) 의정부지방법원 2019.01.18 2018나4698
계약금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

2...

Reasons

1. Basic facts

A. On June 22, 2017, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant to purchase KRW 150,000,00 (20,000,00) out of KRW 134 square meters (40 square meters) and KRW 380 square meters prior to E (hereinafter “E”) among the total amount of KRW 1,056 square meters (1,056 square meters (20,000,000,000, and KRW 130,000,000,000) from the Defendant on July 5, 2017, the remaining payment date.

The main contents of the instant sales contract are as follows.

The seller shall reimburse the amount of the down payment at the time of the cancellation of the contract, and the buyer shall not claim the return of the down payment at the time of the cancellation of the contract. Of G ownership of land 268 square meters, 133 square meters shall be a farmland acquisition relation, and D shall be a provisional registration cycle for the Defendant, and the Defendant shall make a provisional registration of 134 square meters against the Plaintiff.

Among E land, 198 square meters shall be registered and the remaining 182 square meters shall be registered to the defendant as a share.

In addition to a contract, a sub-survey shall be conducted at the design office.

(The costs of transferring the registration to the defendant shall be borne by the plaintiff).

The Plaintiff paid 10,000,000 won out of the down payment to the Defendant on the day of the contract pursuant to the instant sales contract.

C. On July 3, 2017, the Defendant sent to the Plaintiff’s domicile, “The Plaintiff’s domicile or the 140,000,000 won of the remaining purchase price until July 5, 2017 is not paid by the Plaintiff, the instant sales contract becomes null and void, and the down payment of KRW 10,00,000,00 which was paid is confiscated as penalty” (hereinafter “first content certification”). On July 12, 2017, the Defendant again sent the Plaintiff’s domicile as “O building P in Yangyang-si, Seoul” and “The Plaintiff had already cancelled the instant sales contract because it did not pay KRW 140,00,000 remaining purchase price until July 5, 2017.”

“Contents certification” (hereinafter referred to as “second content certification”).

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