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(영문) 대구지방법원서부지원 2019.04.04 2018가합51977
계약금등반환
Text

1. The defendant shall pay to the plaintiffs the amount of KRW 200,000,000 and each of the above amounts to the day of full payment from April 5, 2018.

Reasons

1. Facts of recognition;

A. On December 14, 2017, the Plaintiffs purchased real estate listed in the attached list owned by the Defendant (hereinafter “instant real estate”) in the amount of KRW 2.78 billion between the Defendant and the Defendant, and concluded a sales contract with the effect that the down payment of KRW 200 million shall be paid on the date of the contract, and the remainder of KRW 2.58 billion shall be paid on the date of the contract, and the remainder of KRW 2.58 million shall be paid on January 15, 2018 (hereinafter “instant sales contract”).

According to the instant sales contract, the Plaintiffs remitted total of KRW 200 million to the Defendant on December 14, 2017 and December 15, 2017, and paid the down payment.

B. The main contents of the instant sales contract relating to the instant case are as follows.

Article 6 (Non-performance of Obligations and Compensation for Damages) If the seller or the purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

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

Loans established on the real estate in the special agreement shall be the total amount of loans to be succeeded by the purchaser and shall be the settlement key in the balance.

C. Each right to collateral security established on the instant real estate at the time of the conclusion of the instant sales contract is as follows.

The maximum debt amount of the mortgagee-mortgage debtor registration (Seoul District Court permanent resident registration office) 1 DD E 1.2 billion won, which was received on March 3, 2015, KRW 3F Defendant 360 million, KRW 4.26 billion, which was received on May 4, 2016, KRW 1448, KRW 5.26 billion, which was received on July 8, 2016, KRW 2.94 billion, total of KRW 2.94 billion, which was received on December 13, 2016.

D. On January 15, 2018, the remaining payment date of the Plaintiffs: (a) prepared and promised to pay KRW 180 million as the remainder; and (b) sought the Defendant at the permanent real estate agent’s office located in the place of promise; (c) but (d) did not receive documents necessary for the registration of transfer of ownership from the Defendant.

(e).

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