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Reasons
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(영문) 인천지방법원부천지원 2020.03.19 2018가단118857
계약금 반환
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 20, 2018, the Plaintiff entered into a sales contract with the Defendants, who are the married couple, with the content that the Defendants shall pay the remainder of KRW 279 million on the date of the contract to each of the Defendants on June 20, 2018 (hereinafter “instant sales contract”) on the purchase price of KRW 310,000,000,000,000,000,000 for the purchase price of KRW 31,000,000,000,000 on the date of the contract, and the remainder of KRW 279,000,000 on June 20, 2018 (hereinafter “instant sales contract”).

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the registration of ownership transfer to the buyer at the same time as the balance of the purchase price is received, and shall cooperate with the registration procedure, and the date of delivery of the said real estate shall be June 20, 2018.

Article 6 [Presumed Performance of Obligations and Compensation for Damages] If a seller or a purchaser fails to perform any of the terms and conditions of this Agreement, the other party may give written notice to the person who has defaulted and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

1. The sales contract is the present facility and the certificate of registered matters is confirmed, and the purchaser entered into the contract. 4. The purchaser completed the on-site response and confirmed that the initial part of the road is about 2.8 meters.

5. A seller shall grant permission according to the area damaged the existing forest and the costs incurred therefrom shall be borne by the purchaser;

6. The seller shall cooperate in the transfer or acquisition of a building permit without any administrative condition.

B. The Plaintiff and the Defendants agreed in the instant sales contract as follows, and accordingly, the Plaintiff paid the down payment of KRW 31 million on April 20, 2018.

C. On June 22, 2018, the Plaintiff owned the access road that was previously explained to the Defendant by a third party.

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