(영문) 춘천지방법원원주지원 2019.05.29 2018가단305146

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(영문) 춘천지방법원원주지원 2019.05.29 2018가단305146

손해배상(기)

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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 16, 2018, the Plaintiff entered into a sales contract with the Defendant on July 16, 2018, with the content that the Plaintiff shall pay the remainder of KRW 150 million to the Defendant at the time of the contract, along with the receipt of documents necessary for the registration of the transfer of ownership on July 16, 2018, for soil and brick tanks of KRW 1471 square meters and the soil brick tanks of KRW 116.48 square meters on the land, and for soil brick tanks of KRW 40.6 square meters on a pented roof house of KRW 40.6 square meters on a pented roof house of KRW 75.8 square meters (hereinafter “instant real estate”).

(hereinafter “instant sales contract”). B.

However, at the time of concluding a contract, the Plaintiff and the Defendant agreed to understand that only the Plaintiff pays 16 million won as down payment, and the Plaintiff paid 16 million won to the Defendant as down payment.

C. Article 6 of the terms and conditions of the sales contract, which was prepared at the time of the instant sales contract, provides that “if a seller or a purchaser fails to perform any of the terms and conditions of this contract, the other party may demand in writing the seller or the purchaser to notify the person who has failed to perform the contract and cancel the contract.” Furthermore, the contractual party may claim damages arising from the cancellation of the contract, respectively, to the other party, and the contract party shall be deemed to be the basis for compensation for damages, unless otherwise agreed upon, and the contract deposit shall be deemed to be the contract under the present condition of the facilities, and the certificate for registration shall be confirmed,

3. On June 30, the seller shall cooperate with the buyer in maintaining the bath by taking part of his directors;

4.(Omission)", etc. shall be written.

On August 3, 2018, the Plaintiff filed a complaint of this case with the Chuncheon District Court, which contains the content that the instant contract will be rescinded, with the Defendant on December 11, 2018.

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