(영문) 부산지방법원 2020.05.06 2019가단341047

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(영문) 부산지방법원 2020.05.06 2019가단341047

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1. The defendant shall receive KRW 200,000,000 from the plaintiffs, and at the same time, shall be stated in the attached list to the plaintiffs.

Reasons

1. Basic facts

A. On October 27, 2019, the Plaintiffs entered into a real estate sales contract (hereinafter “the instant sales contract”) with the Defendant to purchase KRW 610,000,000 (in the event of a contract, KRW 60,000,000,000, the balance amount to KRW 550,000,000, respectively, on November 28, 2019; however, 340,000,000, out of the remainder, the Plaintiffs agreed to purchase the lease deposit to the lessee of the instant real estate at KRW 340,00,000,000, in lieu of the Defendant’s acquisition from the Defendant).

B. On October 21, 2019, the Plaintiffs paid KRW 10,000,000, out of the down payment under the instant sales contract, and KRW 50,000,000, respectively, on October 27, 2019. The Plaintiffs paid KRW 10,000,000, out of the remainder of the instant sales contract, prior to the payment date.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs asserted that they paid the down payment of the instant sales contract to the Defendant, and commenced performance by paying KRW 10,000,000, which is part of the remainder on November 8, 2019, prior to the payment date of the remainder, and the cancellation of the area subject to adjustment does not constitute a change in circumstances that may cancel the instant sales contract. Therefore, the Defendant cannot rescind the instant sales contract.

Therefore, the defendant is obligated to pay the remaining 200,000,000 won from the plaintiffs, and at the same time, to implement the registration procedure for ownership transfer of the real estate of this case.

B. The plaintiffs and the defendant calculated the purchase price based on the contract that the real estate of this case is located in an area designated as an area subject to adjustment.

However, on November 6, 2019, after the sales contract of this case, the real estate of this case is subject to adjustment.

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