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(영문) 수원지방법원 2018.07.18 2017가합25669
매매대금반환
Text

1. Of the instant lawsuit, the part demanding the payment of KRW 2,400,000 and damages for delay shall be dismissed.

2...

Reasons

Facts of recognition

(1) On December 3, 2015, the Plaintiff entered into a sales contract with the Defendant to purchase real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 14,70,000,000 (hereinafter “the primary sales contract”), and paid the Defendant the down payment of KRW 1,470,000 on the same day.

(2) According to the first sale contract of this case, the Plaintiff paid the remainder of KRW 13,230,000 to the Defendant up to May 31, 2016, and the Defendant agreed to deliver all documents necessary for the registration of ownership transfer of the instant real estate to the Plaintiff at the same time as the remainder payment is received, and to cooperate in the registration procedure.

(3) Article 6 of the first sale contract of this case provides that “If the seller or the purchaser has failed to fulfill the terms of this contract, the other party may demand in writing the person who has failed to perform the contract and cancel the contract. The other party may claim damages arising from the cancellation of the contract to the other party, respectively, and the contract deposit shall be deemed as the basis for compensation for damages, unless otherwise agreed.”

However, on April 29, 2016, the Plaintiff requested the Defendant to postpone the remainder payment date by June 30, 2016, which is one month after the remainder payment date, on the ground that the delay in authorization and permission of construction design was unable to pay the remainder by May 31, 2016 agreed upon due to the delay in authorization and permission of construction design.

Accordingly, on May 23, 2016, the Plaintiff and the Defendant agreed on the payment date of the remainder under the instant first sales contract, the burden of expenses incurred therefrom, etc. (hereinafter “instant first agreement”) as follows.

As to the real estate sales contract concluded on December 3, 2015 between the seller B (hereinafter “A”) and the buyer A (hereinafter “B”), the “A” and “B” agree to modify the following matters:

1. Any balance of the proceeds from the sale and purchase of real estate 13,230.

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