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Reasons
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(영문) 수원지방법원안산지원 2014.12.23 2014가단14771
계약금반환
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1. As to the Plaintiff’s KRW 4 million and its KRW 22 million, the Defendant shall start from August 10, 2010 to April 10, 2014.

Reasons

1. Facts of recognition;

A. A. Around July 2010, the Plaintiff’s agent (hereinafter “instant real estate”) concluded, through D, a sales contract with the Defendant to purchase KRW 22,200,000,000,000,000 for the remainder of KRW 198,000,000 ( August 5, 2010 on the date the remaining payment is prohibited) as the sum of KRW 12,20,000,000 among the 1731,30,000 square meters (hereinafter “instant real estate”) among the 1731,00,000,000,000 won (hereinafter “the instant sales contract”).

At the time of the conclusion of the instant sales contract, the seller stated “the Defendant and the buyer” as “the non-party 1,” but subsequently decided to change the buyer to the Plaintiff.

B. On July 2010, the Plaintiff paid KRW 22 million to D at the time of the conclusion of the instant sales contract, and D delivered KRW 20 million to the Defendant.

C. The Defendant failed to secure ownership of the instant real estate by the beginning of August 2010, which is the remainder payment date, and the Plaintiff’s agent C, D, and the Defendant, around August 3, 2010, changed from the loan limit to “D Nonparty 1” to the Plaintiff, and agreed to set the remainder payment date later.

As the Defendant failed to secure ownership of the instant real estate, it returned KRW 20 million paid around April 20, 201 to D, but D did not return the said money to the Plaintiff.

E. After January 18, 2014 and February 6, 2014, the Plaintiff notified the Defendant that the down payment should be distributed by the content certification, or that the remainder of the purchase price should be received and the registration of ownership transfer should be completed. As the Defendant failed to perform this, the Plaintiff finally notified the Defendant of the cancellation of the instant sales contract based on the Defendant’s nonperformance through the original copy of the instant payment order, and the said original copy of the payment order reached the Defendant around April 17, 2014.

[Ground of recognition] Unsatisfy, Gap, 1.

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