(영문) 서울남부지방법원 2018.06.15 2017가단15830

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(영문) 서울남부지방법원 2018.06.15 2017가단15830

소유권이전등기 등

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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 October 4, 2016, the Plaintiff entered into a sales contract with the following terms and conditions (hereinafter “instant sales contract”) with the purchase price of KRW 280 million for real estate listed in the attached list owned by the Defendant, and paid the down payment of KRW 20 million to the Defendant on the date of the contract.

Down payment: 20 million won for contract date and intermediate payment for contract date: The balance paid until November 22, 2016: 230 million won for the purchase price, and until December 29, 2016, the seller under Article 2 shall deliver all documents necessary for the registration of transfer of ownership to the purchaser simultaneously with the receipt of the balance of the purchase price and shall cooperate with the buyer in the registration procedure, and the delivery date of the said real estate shall be December 29, 2016.

Article 5 Before the buyer pays the intermediate payment to the seller, the seller may reimburse the intermediate payment, and the buyer may waive the down payment and rescind this contract.

Article 6 If a seller or a purchaser fails to fulfill the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and cancel the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be based on the compensation for damages, unless otherwise agreed.

[Matters of special agreement] The balance date of a contract under one case of creation of a collateral security (65 million won for the maximum amount of the bonds) shall be adjusted by mutual agreement

(b) 85 million won for rental deposit of tenants;

B. On November 24, 2016, C sent a text message to the Defendant stating that “A licensed real estate agent who arranged the instant sales contract may give up the contract by the buyer, thereby doing so. Although the contract has been terminated, the intermediary remuneration shall be paid at the prime time. In addition, even some of the down payment shall be audited when returning the thickness of the buyer.”

C. Even after the Plaintiff did not pay the intermediate payment and the balance to the Defendant, and the Defendant currently raises an objection.

유사 판례

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