(영문) 인천지방법원 2019.11.29 2019나50482

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(영문) 인천지방법원 2019.11.29 2019나50482

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On April 29, 2018, the Plaintiff concluded a sales contract with the Defendant to purchase KRW 72,00,000,000 for the purchase price of KRW 564 square meters in the Gangwon-gun, Gangwon-gun, which is owned by the Defendant (hereinafter “instant real estate”). The Plaintiff concluded a sales contract with the Defendant to pay KRW 7 million in the intermediate payment of KRW 15 million on the day of the contract, on April 30, 2018, the remainder of KRW 50,000,000,000 on May 10, 2018 (hereinafter “instant sales contract”).

B. Article 8 of the instant sales contract provides that “When a seller has breached a contract, he/she shall compensate twice the pre-contract amount to the purchaser, and when the purchaser has breached a contract, the contract deposit shall be null and void and shall not be claimed for return.”

C. On April 30, 2018, the Plaintiff paid 7 million won the down payment to the Defendant, but thereafter, the payment date was limited without paying the intermediate payment and the remainder.

On October 12, 2018, the Defendant completed the registration of ownership transfer with respect to the instant real estate to D.

E. On October 29, 2018, the Plaintiff declared that the instant sales contract was rescinded on the ground that the Defendant’s obligation to transfer ownership was impossible to perform by serving the purport of the claim and the written application for modification of the cause of the claim on October 29, 2018. The said written application for modification was served on the Defendant on November 13, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 and 9, entry of Eul evidence 1 and 3, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of claim, the sales contract of this case was rescinded by the plaintiff's exercise of the right of rescission. Thus, barring any special circumstance, the defendant is obligated to return 7 million won to the plaintiff due to the restoration of the contract upon rescission to the original state, and pay 7 million won for damages according to the scheduled damages under Article 8 of the sales contract of this case.

B. The Defendant’s assertion regarding the Defendant’s assertion should be made on the day following the sales contract.

유사 판례

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-청주지방법원제천지원 2017.09.06 2016가단21847

-창원지방법원 2018.09.06 2017가합53265