Text
1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The defendant shall make the above paragraph (1) to the plaintiff.
Reasons
1. Facts of recognition;
A. On June 7, 2016, the Plaintiff entered into a sales contract with the Defendant with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) as follows (hereinafter “instant sales contract”). By the date of the said contract, the Plaintiff transferred the deposit amount of KRW 53,000,000 as stipulated in the said contract to the Defendant’s account under the name of the Defendant.
Sales price: 530,000,000 won of down payment: 53,000,000 won of the intermediate payment, 50,000 won of the intermediate payment, August 17, 2016; and 427,00,000,00 won of the remainder payment, September 2, 2016.
1. A seller shall deliver documents necessary for the registration of transfer of ownership to a purchaser simultaneously with the receipt of the balance of the purchase price, and shall cooperate in the registration procedure, and the delivery date of the said real estate shall be September 2, 2016;
2. By the time when the buyer pays the intermediate payment to the seller, the seller shall reimburse the down payment, and the buyer may waive the down payment and rescind this contract; and
3. The account of part payments remittance shall be the same as the account of remittance of down payment.
B. On August 9, 2016, the Defendant deposited the down payment of KRW 53,00,000 paid by the Plaintiff as the Busan District Court Branch Branch of Busan District Court Decision 2016No. 1718, the Defendant deposited the down payment of KRW 53,00,00,000. On the same day, the Defendant sent to the Plaintiff a certificate of content that “the conclusion of the instant contract is the result of a prudent judgment, and the down payment of KRW 53,00,00 already paid is repaid.”
C. Accordingly, the Plaintiff expressed to the Defendant that “I would not comply with the contract cancellation if I would refund the contract amount to the Defendant several times,” and, at least four hours prior to the transfer of the intermediate payment, the Defendant deposited the full amount of compensation (106,00,000 won) with the account of the buyer (the Plaintiff and the Busan Bank D) inasmuch as “C Apartment 212, Dong 102 (the instant real estate) is a contract termination by the unilateral change of the seller (the Defendant).”