(영문) 춘천지방법원강릉지원 2019.08.27 2018나1039

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(영문) 춘천지방법원강릉지원 2019.08.27 2018나1039

계약금반환 등

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On May 12, 2017, J’s agent and the Plaintiff concluded a sales contract for the purchase price of KRW 1,000,000, down payment, KRW 85,000,00 for the first intermediate payment, and KRW 420,00,00 for the first intermediate payment, and KRW 180,000,00 for the second intermediate payment, and KRW 180,000 for the second intermediate payment,00 as additional loans, and the Plaintiff paid KRW 30,000 for the construction of a new building on the ground, but the Plaintiff is responsible for the remainder of the construction of a new building on the ground, and as a general term “real estate owned by the Defendant” and “the instant real estate”, and signed and sealed the sales contract with the Defendant as a new construction and an advance payment.

(hereinafter referred to as "the first contract"). The first contract contains a special clause stating that the seller shall be responsible for the removal of the part of the R's building in violation of the site, inasmuch as the seller has been sentenced to the removal of the part of the building in violation of the site.

B. On May 12, 2017, the Plaintiff and C were present at a certified judicial scrivener office in the A.I.D. to prepare a contract again according to the terms and conditions set forth in the said first contract. The Plaintiff, upon C’s request before preparing the said contract, remitted KRW 5,00,000 to the contract deposit first.

C. Then, at the above certified judicial scrivener office, the Plaintiff, K, C, andO representing the Defendant are only equipped with the above certified judicial scrivener office, and among the instant real estate, the sales contract consisting of the seller, the Plaintiff, and J, the purchase price of KRW 110,00,000 for the instant real estate, and the contract amount of KRW 20,000 for the contract deposit of KRW 20,000 for the real estate owned by the Defendant and the Plaintiff and the J, the purchaser and the J, the purchase price of the Plaintiff and the J, the purchase price of KRW 890,000 for the real estate owned by the Defendant and the O, and the contract amount of KRW 80,000 for the contract deposit, the intermediate payment of KRW 60,000 for the intermediate payment of KRW 60,000 for the remainder of KRW 210,000 for the remainder

유사 판례

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