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Reasons
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(영문) 대구지방법원 2017.02.09 2016가단9657
계약금반환
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1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. On July 18, 2005, the Defendants purchased KRW 2,900,000 from the Defendants the purchase price of KRW 528.5 square meters (hereinafter “instant land”) in Daegu-gu, Daegu-gu, the Defendants shared by the Defendants (hereinafter “instant contract”). At the time, the intermediate payment is KRW 290,000,000; the intermediate payment is KRW 580,000,000, which is 20% of the purchase price; the intermediate payment is paid within six months; and the remainder payment is paid on the date of transfer of ownership, etc.

1. A (seller) shall provide a person designated by B (Buyer) or B with all the documents necessary for the transfer of ownership at the same time as the balance of land purchase and sale proceeds is received;

2. Where it is necessary to change the purchaser’s name due to the need for B, and after paying any balance, A shall provide all the documents necessary for the transfer of ownership at the request of a person designated by B as the purchaser.

Provided, That when a person designated by B transfers ownership to the purchaser, B shall provide Party A with all documents along with the written waiver of purchase.

B. Article 7 of the instant contract is as follows.

C. H&C paid the Defendants totaling KRW 290,000,000 on July 24, 2005, which was prior to the conclusion of the contract, as the down payment, and KRW 26,000,000 on July 19, 2005, which was subsequent to the conclusion of the contract.

On January 18, 2006, when the contract of this case was concluded, P&C did not pay intermediate payments by January 18, 2006. The Defendants sent a written notice to P&C by content-certified mail that “The said intermediate payments shall be paid within seven days from the date of receipt of the said written notice, and if the intermediate payment is not paid within the said given period, the instant contract shall be rescinded without any separate procedure.”

However, P&C did not pay part payments, and the Defendants did not pay part payments on November 27, 2006.

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