(영문) 의정부지방법원 2017.10.20 2016가단26068

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(영문) 의정부지방법원 2017.10.20 2016가단26068

계약금

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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 4, 2016, the Plaintiff entered into a contract with the Defendant to purchase KRW 530,000,000 (hereinafter “instant contract”) of KRW 8,244 square meters and D forest land (hereinafter “each of the instant forests”) from the Defendant, Kimpo-si, Kimpo-si, Kimpo-si, and paid KRW 30,000,000 for the down payment around that time.

B. The main contents of the instant sales contract (including special terms) are as follows:

1) The intermediate payment of KRW 400,000 shall be the intermediate payment of KRW 400,000,000, and on August 17, 2016, the Defendant’s acquisition of existing loans and the remainder shall be paid out of the amount of additional loans from the bank (the seller does not object to the buyer’s use of the loans that the buyer received after the construction site as the construction cost). 2) The remainder shall be paid on November 4, 2016.

3) The seller shall pay the costs incurred after the date of the contract, and the buyer shall pay the costs incurred after the date of the contract to the seller. 4) The seller shall pay the intermediate payment to the seller until the buyer pays the intermediate payment, and the buyer may waive the down payment and cancel this contract.

5) A seller or a buyer may cancel a contract if the contractual terms have not been fulfilled, and claim damages therefrom to the other party, and the contract deposit shall be deemed to be the basis for compensation for damages. (c) The Defendant returned KRW 15,000,000, out of the down payment 30,000,000 received from the Plaintiff, to July 15, 2016, the remainder of KRW 15,000,000 to July 19, 2016.

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion shall pay KRW 30,000,000 to the plaintiff for the following reasons.

1. In order for a purchaser to cancel the instant sales contract prior to the payment of intermediate payments, he/she shall reimburse the double amount of the down payment, and the Defendant claims the cancellation of the instant sales contract while returning only the down payment.

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