(영문) 수원지방법원 2017.08.18 2016가단801364

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.08.18 2016가단801364

계약금 반환 청구의 소

Text

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 August 29, 2015, the Plaintiff entered into a sales contract with the Defendants to purchase KRW 3,306 square meters of the land in brigade-si, D, E, and F (hereinafter “instant land”) at KRW 800,000 (hereinafter “instant sales contract”) and paid the Defendants the down payment of KRW 60,000,000 on the same day.

The sales contract shall be paid and received at the time of the contract and at the time of the contract. The balance liven0 million won shall be paid on October 29, 2015.

Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or a purchaser has defaulted on the terms and conditions of this Agreement, the other party may, in writing, notify the person who has defaulted on the contract and rescind the contract.

Therefore, the parties to the contract may claim damages from the other party, respectively, due to the cancellation of the contract, and the down payment shall be deemed to be the basis for the compensation of damages, unless otherwise agreed.

The proviso of the proviso of paragraph (1)

1. The balance shall be paid within 20 days after the completion of the subdivision of a parcel after the contract for one-lane 1,00 square meters (attached drawings) in total;

contract shall be null and void in the event of default.

4. The seller shall cooperate with the buyer in granting a loan for the payment of the balance of the buyer.

B. Of the contents of the instant sales contract and the proviso clause, the parts relating to the instant case are as follows.

C. On September 16, 2015, the Plaintiff and the Defendants obtained permission for development from the female mayor. The instant land was divided on September 21, 2015.

On December 24, 2015, the Defendants issued a certificate of content that the instant sales contract was rescinded on the ground that the Plaintiff did not pay any balance within 20 days after the completion of the installment and on the payment date of the remainder, and that the remainder was not paid at the request of the Plaintiff at the request of the Plaintiff for extension, even if the remainder was deferred twice.

【Ground of recognition” has no dispute, Gap's 1 through 7 evidence, and Eul's 1 to 7.

유사 판례

-광주고등법원(전주) 2016.09.22 2016나10303

-전주지방법원군산지원 2016.01.12 2015가단54276

-제주지방법원 2017.09.27 2016나7029

-서울고등법원 2014.09.26 2013나79643

-대구지방법원상주지원 2016.01.27 2015가단1658