(영문) 제주지방법원 2016.07.19 2015가단55464

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(영문) 제주지방법원 2016.07.19 2015가단55464

계약금반환 청구의소

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1. The Defendant: (a) KRW 56,00,000 for the Plaintiff and KRW 5% per annum from December 22, 2015 to July 19, 2016.

Reasons

1. Basic facts

A. As to the sale of real estate in Article 1 (Purpose) of the process of concluding a sales contract, the seller and the buyer agreed to pay the down payment of KRW 80,000,000 for the intermediate payment of KRW 100,000,000 at the time of a sales contract, and the remainder of KRW 597,00,000 for the remainder of KRW 597,000 on November 4, 2015.

Article 5 (Cancellation of Contract) Before the buyer pays the intermediate payment to the seller, the seller may reimburse the down payment, and the buyer may waive the down payment and rescind this contract.

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 the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

5. The provisional registration of the right to claim ownership transfer established by E on August 11, 2010 shall be cancelled prior to the date of the payment by the seller of the intermediate payment, and if the seller fails to fulfill this, the seller shall assume all civil and criminal responsibilities. If the performance has not been made, the seller shall be obliged to compensate for the double of the down payment.

6. The contract deposit and the purchase-price shall be deposited into the seller’s bank account, and the contract deposit shall be concluded at the same time as the contract deposit is made at the end of the bank on September 4, 2015.

7. A seller shall not commence the contract before the payment date of any balance after providing the buyer with the documents for his/her consent to use the land according to the building permit at his/her request;

1) A licensed real estate agent C is a real estate agent with the Defendant’s 3,214 square meters (hereinafter “instant land”) prior to D in Jeju-si owned by the Defendant.

(2) The Plaintiff and the Plaintiff agreed to sell the instant land at KRW 77,00,000,000 (hereinafter “the sales contract”) after obtaining the power of representation to enter into a sales contract on September 4, 2015.

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