(영문) 제주지방법원 2017.08.24 2017가합10165

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(영문) 제주지방법원 2017.08.24 2017가합10165

계약금 반환 등 청구의 소

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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. The Plaintiff is a corporation established on June 9, 2004 for the purpose of establishing a charnel house.

B. On April 22, 2008, the Plaintiff purchased KRW 270,1728 square meters of C forest land in Seopo-si (hereinafter “instant land”) from the Defendant from the Defendant, and entered into a sales contract with the Defendant to the effect that: (a) KRW 71,728,000; (b) KRW 100,000 and an intermediate payment of KRW 71,70,000 on the date of the contract; and (c) KRW 100,000 on September 22, 2008; and (b) on the other hand, when the Defendant violated the contract, the Plaintiff shall reimburse the amount of the down payment; and (c) if the Plaintiff breached the contract, the Plaintiff shall be liable

The plaintiff paid the down payment and intermediate payment on the same day.

C. On January 4, 2011, the Defendant completed the registration of ownership transfer based on sale on October 23, 2010 on the instant land in the future of D Religious Organizations.

[Reasons for Recognition] Unsatisfy, Gap's 1 to 3, Eul's 1 to 3, the purport of the whole pleadings

2. The plaintiff's assertion that the plaintiff's land in this case was sold twice to a third party who is not the plaintiff and completed the registration of ownership transfer in the future, and thus, the defendant's obligation to transfer ownership under the sales contract in this case was impossible to

Therefore, the Plaintiff is obligated to cancel the instant sales contract, and the Defendant is obligated to return to the Plaintiff the sum of KRW 170,170,000,000 for the said down payment and the intermediate payment, and further to compensate the Plaintiff for the damages equivalent to KRW 71,70,00

3. According to the evidence Nos. 3 and 4 of the judgment, a letter of payment was prepared to the effect that “The Defendant shall transfer the ownership of the instant land to a D religious organization, on October 18, 2010, under the condition that the purchaser shall be changed to D religious organization, the same person as the Plaintiff, and the Plaintiff shall pay interest added to the remainder.”

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