(영문) 서울남부지방법원 2019.06.21 2019가합100470

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(영문) 서울남부지방법원 2019.06.21 2019가합100470

계약금 반환 청구의 소

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On March 9, 2015, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 1,021 square meters of the purchase price of KRW 2,858,250,000 (hereinafter “instant sales contract”) among the 1,514 square meters of land C Miscellaneous land in Gwangju-si (hereinafter “instant land”), and paid the Defendant the down payment amount of KRW 500 million on the same day. The details of the instant sales contract relating to the instant case are as follows.

[General Matters] The sale price under Article 1 (Purpose): 2,858,250,00 won of the down payment of KRW 550 million; the remainder payment of KRW 2,358,250,000; and the seller’s payment of KRW 2,358,250,000 on July 31, 2015, shall deliver all documents necessary for the registration of transfer of ownership to the buyer at the same time as the remainder of the sale price is received; and shall cooperate with the registration procedure; and the date of delivery of the instant land shall be July 31, 2015

Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or a purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be based on the compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

1. The current state trading and area shall be the area on public account books;

(2) Of the total area of the instant land of 1,514 square meters, the possessor shall be sold and purchased after deducting the portion of the land “27.86 square meters (68.93 square meters) indicated in the separate sheet from 11,424/13,860 of the total equity interest of the seller.”

5. To transfer part of D part of the land owned by the seller to the purchaser by dividing it before a building permit is granted.

contained in the sale.

유사 판례

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