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Reasons
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(영문) 수원지방법원 2015.06.18 2014가단518828
보증금반환
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1. All of the plaintiff's main claims are dismissed.

2. The Plaintiff:

A. Defendant B shall be KRW 4,500,000 and this shall apply.

Reasons

1. Basic facts

A. On November 16, 2004, the Plaintiff entered into a contract with Defendant B to purchase approximately KRW 1400,00 farmland and its ground assembly building (hereinafter “the instant river site cultivation right and building”) for approximately KRW 100,000,000 (hereinafter “the instant contract”). On the same day, the Plaintiff paid KRW 2 million the down payment and KRW 18 million on December 16, 2004 to the Defendant B.

B. After delivery of the above river site and building, Defendant B called back the above river site and building in order that the Plaintiff did not pay the remaining purchase price after receiving the above river site and building, and the Plaintiff issued a letter of commitment performance to Defendant B several times from April 13, 2006 to May 15, 2007, and paid the instant river site cultivation right and building usage fee.

The 'Agreement on May 10, 2006' shall be paid not later than 143,00,000 won in the form of imprisonment, monthly rent for three months, and the sum of the above agreed amounts and other amounts to the defendant B of the last 14,00,000 won in the form of a last 10,000 won, and shall be paid not later than 10,000 won in the form of a 100,000 won, and any objection shall not be raised at the time of non-performance.

“I, by May 31, 2007, adjust the balance of KRW 1,00,000 per month until May 31, 2007, and, by June 30, 2007, perform any undertaking that does not pay any balance for a sale and purchase transaction by June 30, 2007.

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C. Although the Plaintiff paid KRW 105,614,00 to Defendant B with the purchase price, the Plaintiff filed a lawsuit seeking the return of the said money on the ground that Defendant B did not transfer the right to cultivate the river site and the ownership of the building in the instant river site (Uiju District Court Decision 2013Gahap2909), but did not exceed the judgment against March 27, 2014.

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