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(영문) 제주지방법원 2017.10.13 2017가단826
계약금
Text

1. The defendant shall pay 17,00,000 won to each of the plaintiffs and 15% per annum from December 21, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On October 12, 2016, the Plaintiffs entered into a contract with the Defendant to purchase KRW 102,000,000 for the sales price of KRW 170,000 (hereinafter “instant sales contract”).

The Plaintiffs paid down payment of KRW 17 million to the Defendant on the date of the contract, and the remainder KRW 153 million to the Defendant on October 31, 2016.

B. At the time of the instant sales contract, the instant real estate was registered for the establishment of chonsegwon (140 million won for lease on a deposit basis) in the name of the person having chonsegwon, and the Defendant agreed to cancel the instant real estate by the remaining payment date.

C. The Plaintiffs prepared a balance on October 31, 2016, and went to the F Licensed Real Estate Agent Office, a place agreed with the employees of the Certified Judicial Scriveners Office, but the Defendant did not go to the Defendant, and the Defendant’s Cho Jong-soo remitted the balance to B and the Plaintiffs, the Plaintiffs did not pay the balance. The Plaintiffs did not pay the balance.

In the instant sales contract, when the seller or the purchaser fails to perform his/her obligation, the other party may rescind the contract, and the compensation for damages following the cancellation is based on the down payment.

(Article 6). (e)

The Plaintiffs sent the content-certified mail indicating the Defendant’s intent to cancel the instant sales contract on November 7, 2016 and December 1, 2016, which is the Defendant’s domicile as indicated in the sales contract, to G, 1002, but was not served.

On November 2, 2016 and November 29, 2016, the Defendant sent a content-certified mail to the effect that the payment of the balance to the Plaintiffs and the process for ownership transfer registration should be carried out.

F. The Plaintiffs expressed their intent to rescind the instant sales contract in the instant application for the instant payment order, and the original copy of the payment order was served on the Defendant on December 20, 2016.

[In the absence of any dispute, Gap 1 through 10]

2. The plaintiffs' judgment.

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