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(영문) 서울남부지방법원 2016.09.06 2016가단13035
매매대금 이행 청구
Text

1. The defendant shall pay KRW 5 million to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3.Paragraph 1.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as to the cause of the claim No. 1-1 and No. 2, the Plaintiff, on February 12, 2016, sold the land and buildings on the land (hereinafter “instant building”) and the ground thereof (hereinafter “each of the instant real estate”) to the Defendant on February 12, 2016, for KRW 30 million, KRW 265 million out of the purchase price, the Defendant, the purchaser of the deposit for the deposit for the lease on the instant building, KRW 10 million, KRW 50 million, and KRW 50 million, KRW 500,000,000,000,000 for the remainder payment, and KRW 50,000,000,000,000 for the remainder payment to the Plaintiff on February 19, 2016 (hereinafter “instant sales contract”); and the Defendant is obligated to pay the remainder to the Plaintiff on February 13, 2016.

Furthermore, while the Plaintiff claimed damages for delay of KRW 55 million, the Plaintiff’s obligation to transfer the ownership of each real estate of this case against the Defendant and the Defendant’s obligation to pay the purchase price to the Plaintiff in concurrent performance relationship. However, there is no evidence to deem that the Plaintiff provided the Defendant with the obligation to transfer ownership. Therefore, the Defendant’s obligation to pay the remainder of the purchase price of KRW 55 million may not be deemed as having been delayed.

Therefore, the part of the plaintiff's damages for delay is without merit.

2. Determination as to the defendant's assertion

A. When concluding the instant sales contract, the Defendant agreed to return the down payment to the Plaintiff and claimed the return of KRW 10 million to the Plaintiff as a provisional contract deposit, and the Defendant demanded the Plaintiff to return the said KRW 10 million to the Plaintiff. Therefore, the instant sales contract became null and void. Therefore, the Plaintiff cannot claim the payment of KRW 5 million against the Defendant.

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