(영문) 서울남부지방법원 2016.01.20 2015가단25420

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(영문) 서울남부지방법원 2016.01.20 2015가단25420

건물인도 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 2, 2015, the Plaintiff concluded a contract on the transfer or acquisition of the right (hereinafter “instant contract”) to acquire D’s “D” from the Defendant’s second floor located in Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant building”) in KRW 127,000,000, and paid the Defendant the down payment of KRW 100,000 per contract date, and the intermediate payment of KRW 100,000,000 on May 8, 2015, respectively. The Plaintiff agreed to pay the remainder of KRW 107,000,000 on May 16, 2015.

B. Meanwhile, the contents pertaining to the rescission of the contract in the instant contract are as follows.

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 cancel 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 agreement with the owner and the transferee to the maximum extent possible on the basis of the terms and conditions of the lease agreement (any change may be made at the request of the owner) as set forth below, and where the lease agreement is not normally concluded or does not proceed, the transfer of this right shall also be rescinded, and the down payment and intermediate payment received by the transferor shall

C. However, the owner of the instant building demanded the Defendant to operate a restaurant for one year in the instant building, and the Defendant failed to perform its duty to transfer facilities under the instant contract to the Plaintiff.

Accordingly, the Defendant notified the Plaintiff of the instant contract performance as a letter letter to the effect that it is impossible to perform the instant contract, and on May 18, 2015.

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