(영문) 인천지방법원 2020.02.07 2018나68653

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(영문) 인천지방법원 2020.02.07 2018나68653

계약금 등

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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. Basic facts

A. On April 18, 2017, the Plaintiff entered into a sales contract with the Defendant for Kimpo-si C Commercial Building (hereinafter “instant commercial building”) with the content that the purchase price of the Category D, E, F, G, and H (hereinafter “instant real estate”) shall be KRW 630 million, and the down payment of KRW 50 million shall be paid KRW 580 million on the date of the contract, and the remainder of KRW 50 million shall be paid on May 1, 2017 (hereinafter “instant sales contract”). (b) Article 6 of the instant sales contract provides that the sales price shall be KRW 750,000,000,000,000 for each of May 1, 2017.

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

C. The Plaintiff purchased the instant real estate and opened a medical care center. For this purpose, the Plaintiff agreed to obtain permission for change of use in the name of the Defendant prior to the transfer of ownership from the Defendant, and as the special terms and conditions of the instant sales contract, the contract becomes null and void, and no penalty is paid, and the down payment shall be refunded.

D. The Plaintiff paid a down payment of KRW 50 million to the Defendant on the day of the instant sales contract, and disbursed KRW 2 million at the cost of filing an application for change of use at that time. Meanwhile, at the time of the conclusion of the instant sales contract, the fourth floor of the instant commercial building had already been in operation by another medical care center. However, the self-governing rules of the management body of the commercial building of this case, where the type of business, such as shop occupants who intend to newly rent, overlaps with the existing type of business, is more than 3/4 of the sectional owners.

유사 판례

-인천지방법원 2020.02.07 2018나68653

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