(영문) 서울남부지방법원 2017.09.19 2016가단28662

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(영문) 서울남부지방법원 2017.09.19 2016가단28662

계약금반환

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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 September 11, 2015, the Plaintiff and the Defendant concluded a sales contract (hereinafter “instant sales contract”) with the following content on the Plaintiff’s purchase of land and land owned by the Defendant, Gwanak-gu, Seoul Special Metropolitan City.

Article 1: A seller shall receive the balance of the purchase price of KRW 775,00,00 (the down payment of KRW 60,000,000 on the date of the contract, and the balance of KRW 715,00,000 on December 31, 2015) and at the same time deliver all documents necessary for the registration of transfer of ownership, and cooperate in the registration procedures, and deliver the said real estate on December 31, 205.

When a buyer has delivered money or goods to a seller as a down payment or a deposit at the time of the contract, unless otherwise agreed, the seller shall reimburse the sum of the down payment (if there is no advance payment, the sum of the down payment) until he pays the intermediate payment, and the buyer may waive the down payment and rescind this contract.

[Matters of Special Agreement]

2. 62,00,000 won for the lease on a deposit basis, 160,000 won for the lease on a deposit basis, 160,000,000 won for the first floor, and 300,000 won for the lease on a deposit basis for the second floor; and

3. The current deposit money for the lease on deposit basis shall be determined to increase the deposit amount, regardless of whether the present lessee is cruel or not, in order for the purchaser to be 500,000,000 won to meet the deposit amount for the lease on deposit basis with the aim of raising the deposit for the lease on deposit basis prior to any balance.

(2) If the present tenant does not agree to increase the deposit, the seller shall be held responsible for the withdrawal of the deposit.

B. The Plaintiff paid 60,000,000 won to the Defendant on the day of the contract.

C. The Defendant did not pay any balance even after the remainder date, and on January 6, 2016, notified the Plaintiff of the cancellation of the sales contract by January 12, 2016, if the Plaintiff did not perform the contract by January 12, 2016.

On January 8, 2016, the Plaintiff entered into a conditional contract with the Defendant on the condition of increasing the deposit money.

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