(영문) 서울북부지방법원 2016.11.17 2016가단101263

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(영문) 서울북부지방법원 2016.11.17 2016가단101263

원상회복 등

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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 May 1, 2013, the Plaintiff entered into a sales contract with the Defendant (hereinafter “the instant primary sales contract”) and thereafter paid KRW 20 million to the Defendant for the remainder of KRW 1.28 billion. The Plaintiff entered into the sales contract with the Defendant, and paid KRW 20 million for the remainder of KRW 1.28 billion. The remainder of the sales contract (hereinafter “the instant primary sales contract”), and paid KRW 20 million to the Defendant around that time. The main contents of the said sales contract are as follows.

Article 6 [Cancellation of Contract] Before the buyer pays the intermediate payment, the seller shall pay the down payment in an equal amount, and the buyer may also waive the down payment and cancel this contract.

Article 7 [Non-performance of Obligations and Compensation for Damages] (1) In cases where a seller or a buyer has any default under this contract, the other party may demand in writing the person who has defaulted and rescind the contract.

(2) Where a contract is rescinded, the seller and the buyer may claim damages from the other party, respectively.

Unless otherwise agreed, the criteria of Article 6 shall apply to damages.

[Matters of Special Agreement]

1.A loan of one billion won for each other shall be acquired by the buyer and the remainder shall be paid by the buyer.

2. The remainder interest of KRW 37 million shall be paid separately when any balance is paid.

B. The Plaintiff was detained after the conclusion of the above sales contract, and was released on November 2013. At that time, the Plaintiff paid the Defendant a down payment of KRW 10 million (in this case, KRW 30 million was paid), between the Defendant and the Defendant, and “the Plaintiff” purchased the instant real estate from the Defendant for KRW 1.3 billion, and the down payment of KRW 30 million was paid on March 1, 2013, and the intermediate payment of KRW 1 billion was succeeded to bank loans, and the remainder payment of KRW 280 million was transferred on February 28, 2014.

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