(영문) 서울서부지방법원 2019.05.30 2018가단14635

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(영문) 서울서부지방법원 2019.05.30 2018가단14635

계약금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff entered into the instant sales contract on January 23, 2018 stated the instant sales contract as “2017” but appears to be an obvious clerical error in the “2018.”

Defendant B and Defendant C, who represented by Defendant C, concluded a sales contract to purchase the brickd building on the ground of Eunpyeong-gu Seoul Metropolitan Government D (hereinafter “instant building”) with the price of KRW 110 million (hereinafter “instant sales contract”), and paid the down payment of KRW 10 million to Defendant C. The main contents are as follows:

1. Display site of real estate: Eunpyeong-gu Seoul Metropolitan Government building structure use, brick structure use, and the area of 42.9754 square meters;

2. KRW 110,000,000,000 in the terms of the contract for the purchase of the goods (e.g., e. 110,000,000), the down payment shall be paid and received at the time of the contract. The intermediate payment payment shall be paid in February 5, 2017.

The remainder of the five million Won shall be paid in March 15, 2017.

Matters of special agreement - Appointment of sales contract in the present condition - An explanation shall be made on the basis of the balance date, and the date of agreement shall be adjusted.

- Public charges and penalties shall be paid by the seller before the balance date.

B. On January 23, 2018, the Plaintiff notified Defendant B of the cancellation of the instant sales contract by sending text messages as follows.

The president shall not prepare for the president.

The contract is terminated since the contract itself is a contract with procedural defect as the contract itself continues to be bound by this contract and without the power of attorney.

The down payment of KRW 10 million shall be audited if it is refunded.

It shall be notified in writing without telephone.

Plaintiff

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion that the extension part of the instant building is an illegal building and ought to be worn-out and repaired. However, the Plaintiff can repair the building without permission.

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