logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2016.11.09 2016가단51242
계약금반환청구등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 16, 2015, the Plaintiff concluded a contract with the Plaintiff (the husband of the Defendant) to purchase KRW 80,000,000 for purchase price (hereinafter “instant sales contract”) on eight and other lots of land (hereinafter collectively referred to as “instant real estate”) outside the Gyeongbuk-gun, Gyeongbuk-gun, and one another, and paid KRW 60,000 for the intermediate payment until September 17, 2015, KRW 50,000 for the intermediate payment, KRW 50,000,000 for the remainder payment until November 13, 200 of the same year, and the remainder amount of KRW 290,00,000 for the remainder payment by the repayment of ownership transfer registration documents until December 30 of the same year. Accordingly, on September 17, 2015, the Plaintiff paid the Defendant the down payment amount of KRW 60,000,000 to the Defendant.

B. Since then, through a licensed real estate agent E who arranged the instant sales contract, the Plaintiff requested the Defendant to postpone the payment date of intermediate payments on November 23, 2015, and the payment date of intermediate payments was postponed on the same date with the Defendant’s consent.

C. On November 19, 2015, the Plaintiff anticipated that the intermediate payment was not prepared even until the late payment date of the intermediate payment, and again requested E to deliver to E an intention to pay the intermediate payment and the balance in a lump sum on behalf of the Plaintiff, if the intermediate payment is extended by December 2, 2015. On the same day, E sent an intention to pay the intermediate payment and the balance in a lump sum on behalf of the Plaintiff.

On November 20, 2015, the following day, the Defendant sent to the Plaintiff a certificate of demanding the payment of intermediate payment by November 23, 2015, and the said letter reached the Plaintiff on November 23, 2015.

E. Article 6 of the sales contract of this case provides that "if the seller or the purchaser fails to perform the terms and conditions of this contract, the other party may notify the person who failed to perform the contract in writing and cancel the contract.

In addition, the parties to the contract may claim the other party for the compensation for damages arising from the cancellation of the contract, and the down payment shall be made unless otherwise agreed.

arrow