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Reasons
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(영문) 수원지방법원안양지원 2016.10.28 2015가단108367
계약금 등 반환 청구의 소
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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 February 25, 2015, between the Plaintiff and the Defendant, a sales contract was concluded between the Plaintiff and the Plaintiff on the purchase and sale of the Plaintiff’s land B and D (hereinafter “instant sales”). The main contents are as follows.

The sales contract amounting to KRW 1,130,000,000 for the sales contract, and KRW 10,000 for the down payment, KRW 40,000 for the intermediate payment, KRW 40,000 for the intermediate payment, and KRW 1,080,00 for the payment on March 20, 2015, shall be paid at the time of the contract, and the special agreement shall be concluded on March 30, 2015.

1. The seller shall actively agree to combine the down payment with the down payment; and

2. The payment of any balance of loans simultaneously with an intermediate payment;

3. The balance date:

3. 30. The date shall be 30. It may be adjusted.

4. All orders for the use of the Sejong Deputy Director, the Car Center, and the Nonghyup Parking Lot shall be responsible for the seller.

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3. On April 20, 2015, the remainder amount of KRW 1,080,000 shall be KRW 50,000,000, which is part of the intermediate payment under a land sales contract for B as part of the intermediate payment for B in the same 21.

B. On the other hand, on March 30, 2015, between the Plaintiff and the Defendant, a waiver performance agreement was drafted again as follows.

On March 30, 2015, the buyer and the buyer agree to perform the following matters by mutual consent, as the buyer failed to perform the obligation on March 30, 2015 due to the reasons of the buyer’s balance.

2. The remainder payment of the buyer shall be postponed on May 11, 2015.

3. Where the purchaser fails to pay any balance on May 11, 2015, the purchaser shall waive a contract for the sale and purchase of the land on this site and pay the down payment to the purchaser.

C. According to the instant sales contract, the Plaintiff paid 50,000,000 won to the Defendant. On May 12, 2015, the Defendant notified the cancellation of the instant sales contract and the forfeiture of the said down payment on the grounds of the Plaintiff’s nonperformance of the obligation to pay the remainder.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, and 3 (including each number).

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