(영문) 의정부지방법원 2014.11.14 2014나6184

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(영문) 의정부지방법원 2014.11.14 2014나6184

손해배상(기)

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On July 27, 2010, the Plaintiff and the Defendant concluded a sales contract in which the Plaintiff purchased the instant apartment from the Defendant (hereinafter “instant sales contract”) with respect to the Yongsan-gu B apartment 101 Dong 2701 (hereinafter “instant apartment”) in order to sell the instant apartment from the Defendant, and the details relating to the sales price are as follows.

The sales price of KRW 383,00,000 for down payment of KRW 383,00,000 for the first 20,000 for the down payment of KRW 38,30,000 for the second 10, September 10, 2010 for the intermediate payment of KRW 38,30,000 for the second 38,300,000 for the second 38,30,000 for the intermediate payment of KRW 38,30,00 for the second 38,30,300 for the payment of KRW 38,30,000 on June 10, 201 (the remaining payment of KRW 38,30,000 for the second 38,30,000 for the payment of KRW 5,30,000 for the second 30,000 for the payment of KRW 10,00 for the second 30,00 for the payment of KRW 10.

B. A dispute arises between the Plaintiff and the Defendant regarding the instant sales contract around February 14, 201, and the Plaintiff filed a lawsuit claiming the return of down payment against the event of the instant apartment upon cancelling the instant sales contract on February 14, 2011. However, on November 3, 2011, the Plaintiff and the Defendant agreed to maintain the instant sales contract as it is, instead of approving the Plaintiff’s intermediate payment loan, and withdraw the lawsuit filed against the Plaintiff.

2. Judgment on a petition for cancellation based on incomplete performance

A. At the time of entering into the instant sales contract, the Plaintiff and the Defendant agreed to construct the indoor bath of the apartment of this case with a drum room, eliminate the subsidence wall, and construct the inner wall with a glass wall.

However, the defendant constructed a bath room in the apartment of this case, a light-water wall, and an inner wall with a light-water wall, respectively.

Therefore, the plaintiff cancelled the above sales contract on June 17, 2013 due to the defendant's incomplete performance, and the defendant, based on the above sales contract, received the down payment and its interest.

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