logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2017.02.02 2016가단219159
매매대금반환
Text

1. The Defendant’s KRW 61 million and the following day from September 6, 2016 to February 2, 2017 to the Plaintiff.

Reasons

1. Facts without dispute;

A. On May 27, 2016, C representing the Defendant as the child of the Defendant (seller) concluded a sales contract with the Plaintiff (Buyer) with respect to the building D, E, and both land and both land (hereinafter “instant real estate”) owned by the Defendant (hereinafter “instant contract”) on the following terms:

Sales proceeds: KRW 100,000: 100,000,000 for the first intermediate payment of KRW 100,000: At the same time as the contract is made for the △△△△△△△ KRW 650,000,000 for the second intermediate payment of KRW 650,000 on July 20, 2016: The third intermediate payment of KRW 50,000 on August 1, 2016: 10,000 for the balance of KRW 10,000,000 for the △△△△△△△△△△△ on December 31, 2016: the delivery of real estate paid on December 31, 2016.

Special terms: The registration of transfer of ownership shall be completed when the second intermediate payment is paid.

If the seller has entered into a contract, he/she shall compensate for the amount of the down payment, and if the buyer has entered into the contract, he/she shall not claim the return of the down payment.

B. By June 2, 2016, the Plaintiff paid the down payment of KRW 91 million to C.

2. The parties' assertion

A. On July 19, 2016, the day before the date of the first intermediate payment payment ( July 20, 2016), the Plaintiff asked C to postpone the date of the intermediate payment, and C had extended the date of the second intermediate payment on August 3, 2016.

However, on August 1, 2016, before the late payment date of intermediate payment, C unilaterally reversed the contract by phone call to the Plaintiff and became the middle contract payment.

Therefore, the Plaintiff was released from the instant contract on the grounds of the Defendant’s nonperformance, and the Defendant is obliged to pay the Plaintiff KRW 182 million, a double of the down payment.

B. Defendant C, like the Plaintiff’s assertion, did not extend the payment date of the first and second intermediate payment to August 3, 2016.

However, on July 21, 2016, after the date of the first intermediate payment payment, C extended the payment of the plaintiff to the second intermediate payment by August 1, 2016, which is the date of the second intermediate payment payment.

Nevertheless, the Plaintiff paid the first and second intermediate payments by August 1, 2016.

arrow