(영문) 수원지방법원안산지원 2019.06.12 2018가단16461

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(영문) 수원지방법원안산지원 2019.06.12 2018가단16461

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1. The plaintiffs' claims are dismissed.

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

Reasons

1. On July 20, 2018, the Plaintiffs entered into a sales contract with the Defendant to purchase real estate listed in the separate sheet (hereinafter “instant apartment”) for KRW 386,00,000 from the Defendant for KRW 386,00.

(hereinafter “instant sales contract”). - Of the purchase price of KRW 386,00,000, the down payment of KRW 38,000,000 shall be paid at the time of the contract; the intermediate payment of KRW 285,00,000 shall be paid on July 20, 2018; and the remainder of KRW 63,00,000 shall be paid on September 18, 2018.

- Until the buyer pays the intermediate payment (if there is no intermediate payment, the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

-5,000,000 out of the down payment shall be paid at the time of the contract and deposited at the seller's account until July 21, 2018 in the remaining 33,00,000,000;

- Seller will live on a deposit basis for lease on a deposit basis from the balance date until February 5, 2020.

The Plaintiffs paid KRW 5,00,000 among the down payment on the day of the contract to the Defendant, and the remaining KRW 33,000,000 was remitted to the account under the name of the Defendant on July 21, 2018.

From the end of August 2018, the Defendant expressed his/her intent to rescind the instant sales contract to the Plaintiffs. On September 17, 2018, the Defendant repaid a double of the down payment and intended to rescind the instant sales contract, but the Plaintiffs refused to accept, and deposited KRW 76,00,000.

The Plaintiffs intended to provide the remainder to the Defendant on September 18, 2018, but deposited KRW 63,000,000 as the Defendant refused to receive the remainder.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 (= Eul 1), 4, 5, Eul 2, 3, 4, 5, 6, 7, the purport of the whole pleadings

2. The assertion and judgment

A. Since the part payment of the sales contract of this case asserted by the 1st party was paid in lieu of the deposit for the lease on the date of the contract, the Defendant deposited a double amount of the down payment, and the declaration of intention of rescission made by the 1st party was made after the implementation of the Plaintiffs

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