(영문) 춘천지방법원 속초지원 2018.02.06 2017가단1617

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(영문) 춘천지방법원 속초지원 2018.02.06 2017가단1617

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 19, 194, the Plaintiff entered into a contract with the Defendant to purchase the land of Gangwon-gun C and 11, the land of Gangwon-gun, and the land axis (hereinafter “instant land”) and one on its ground with the price of KRW 270,000,000 (the evidence No. 1; hereinafter “instant sale”), and paid the Defendant the down payment amount of KRW 9 million on the same day.

The contents of the instant sales contract are as follows.

[Article 2] The date of contract and the buyer (the plaintiff, hereinafter the same shall apply) sent the seller (the defendant, hereinafter the same shall apply) nine million won as the down payment, and the seller received it without a mold.

[Article 3] The buyer promises on October 30, 1994 that part of the purchase price shall be KRW 20 million to the seller.

[Article 4] The buyer grants the seller a condition of exchange of documents necessary for the registration of transfer of ownership at a place agreed between the parties by November 30, 1996, after deducting the amount of the down payment and the amount of the full payment.

【Article 10】 Since the seller fails to perform his/her contractual obligations, the seller shall compensate for damages to the buyer when the damage occurs, but in such cases, whether the contract is cancelled or maintained or not shall be decided by the buyer.

【Article 11】 In case where the buyer fails to perform the obligation under Article 3, the down payment shall belong to the seller, and even if there is no separate declaration of intention, this contract shall be rescinded, and in case where part of the price is delivered and the remainder is not notified by the agreed date, the seller may only refund the remainder, excluding the down payment, to the buyer and rescind this contract.

However, in the case of the latter, the seller should exercise the right of rescission after giving the highest period to the buyer.

B. Since then, the Plaintiff offered a loan of KRW 40 million from a high quality livestock cooperative (hereinafter “high quality livestock cooperative”) as security for the instant land.

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