(영문) 대구지방법원 2016.01.22 2014가단55052

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(영문) 대구지방법원 2016.01.22 2014가단55052

매매대금반환등

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1. The Defendant’s KRW 60,000,000 as well as the Plaintiff’s annual interest from August 23, 2014 to January 22, 2016, and the following.

Reasons

1. Determination as to the cause of claim

A. On April 25, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase each land share (hereinafter “instant land share”) listed in the separate sheet (hereinafter “instant land share”), 310,000,000 won in price (hereinafter “instant sales contract”) on April 25, 2014.

The main contents of the instant sales contract are as follows.

Down payment: The balance of KRW 30,000,000 (payment on the day of the contract): 280,000,000 (payment on the day of June 28, 2014): The seller shall deliver all documents necessary for the registration of transfer of ownership as well as the receipt of the balance of the purchase price and deliver the said real estate.

A contract of penalty: In case where the seller or the buyer has performed the obligation under this contract, the other party may demand in writing the person who has failed to perform the contract, and rescind the contract.

(2) Where a contract is rescinded pursuant to paragraph (1), unless otherwise agreed by the buyer, the down payment shall be confiscated, and where the seller commits a violation, the seller shall agree to compensate for a double of the down payment.

B) After the conclusion of the instant sales contract, the Defendant entered into a sales contract with B to sell the instant land shares on August 5, 2014, and completed the registration of ownership transfer in B as to the instant land shares on August 22, 2014 due to the said sales contract. [Grounds for Recognition] There is no dispute, and according to the above findings of recognition, it is reasonable to deem that the Defendant’s obligation to transfer ownership pursuant to the instant sales contract was omitted in an impossible status as of August 22, 2014, and barring any special circumstance, the Defendant is obligated to pay the Plaintiff the penalty (amount equal to the contract amount), KRW 60,000,000, and delay damages therefor, which are penalty (amount equal to the contract amount) stipulated in the instant sales contract.

B. The Plaintiff entered into a sales contract with C.

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