(영문) 인천지방법원 2019.04.30 2018나5157 | 리걸엔진

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(영문) 인천지방법원 2019.04.30 2018나5157

계약금반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On February 7, 2018, the Plaintiff entered into a contract on the transfer and takeover of facilities (hereinafter “facilities”) with the Defendant to pay the remainder KRW 140,000,000 to the Defendant on February 27, 2018, the Plaintiff paid KRW 10,000,000 to the Defendant for the same day as the down payment, with the total amount of KRW 150,000,000, in which all the equipment, such as various air-conditioner facilities, according to the current status of the facilities, including all air-conditioner facilities, as the current facility condition.

Article 4 [Cancellation of Contract] (1) The assignee shall compensate for the amount double the down payment before the assignee pays the intermediate payment (if there is no intermediate payment agreement, the balance), and the assignee may waive the down payment and rescind this contract.

(2) If the transferor or transferee fails to perform the terms and conditions of this contract, the other party may notify in writing the person who has defaulted and cancel the contract.

In addition, the parties to the contract may claim the penalty for breach of contract respectively to the other party, and the contract deposit shall be regarded as the standard for penalty.

(3) The transferor shall endeavor to conclude a lease contract with the owner and the transferee to the maximum extent possible on the basis of the following terms and conditions of the lease contract (the lease contract may be changed at the request of the owner) before the payment date of the balance, and where the lease contract is not normally concluded or does not proceed, the transfer contract of this right shall be rescinded, and the

[Lease Relations] The contract is concluded after the dialogue between the transferor and the transferee after confirming the location of the transferor. The contract is concluded after checking various documents (a certified copy of the register of land, a land use planning confirmation center, and a building management ledger). The remainder date shall be February 27, 2018, and the building owner shall be the front and rear in line with the schedule of the building owner.

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