(영문) 춘천지방법원 원주지원 2018.02.07 2017가단33468

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(영문) 춘천지방법원 원주지원 2018.02.07 2017가단33468

계약금반환

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1. The Defendant shall pay to the Plaintiff KRW 32,00,000 and the interest rate of KRW 15% per annum from June 22, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. On May 7, 2017, the Plaintiff, an agent of C and D (e.g., E), entered into a sales contract (hereinafter “instant sales contract”) with the Defendant and the Defendant, setting the sales price of KRW 160,000,000 with respect to F. 155 square meters and G 197 square meters (hereinafter “instant real estate”).

B. The main contents of the instant sales contract are as follows.

In cases where there has been a default on obligations under this contract by the seller or the buyer of the remainder of KRW 16,00,000,000 (payment, June 25, 2017), the other party may demand in writing the person who has defaulted and rescind the contract.

In the event of the cancellation of a contract, unless there is a separate agreement, if the buyer has neglected the contract, the contract deposit shall be confiscated, and if the seller has neglected it, the contract deposit shall be compensated by double the contract deposit.

1,00,000 won out of the contract deposit shall be paid and deposited in the domestic bank account at the time of proceeding.

When receiving a down payment, this contract shall be null and void.

The effective period of this contract shall be from May 7 to 15 days.

C. C and D did not pay KRW 1,000,000 to the Defendant on May 8, 2017, and the Defendant sold the instant real estate to H in KRW 192,00,000.

C and D deposited 15,00,000 won as down payment to the Defendant on May 17, 2017 through the Plaintiff.

E. Although the Plaintiff and D agreed on double selling to the Defendant, the Defendant asserted that the instant sales contract was null and void, and expressed that the Defendant did not intend to perform the obligation under the instant sales contract.

F. On June 2, 2017, C and D transferred the Defendant’s claim for penalty pursuant to the Defendant’s breach of the instant sales contract (hereinafter “transfer of claim”) to the Plaintiff, and notified the Defendant of the said transfer of claim on June 5, 2017.

G. On July 21, 2017, the Defendant completed the registration of ownership transfer with respect to the instant real estate to H.

[Reasons for Recognition] Unsatisfy, Gap 1, 3 to 5.

유사 판례

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-서울북부지방법원 2017.06.02 2016나34104

-의정부지방법원 2015.05.27 2014가합54073