(영문) 대구지방법원포항지원 2019.01.18 2018가합10598

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(영문) 대구지방법원포항지원 2019.01.18 2018가합10598

약정금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 3, 2015, the Defendant purchased each land listed in the separate sheet (hereinafter “each of the instant lands”) from C Co., Ltd. (hereinafter “C”) on August 3, 2015, and completed the registration of ownership transfer for each of the instant lands on the 31st of the same month. On the same day, the Defendant entrusted each of the instant lands to C, and completed the registration of ownership transfer for reasons thereof.

B. On February 3, 2017, the Plaintiff entered into a sales contract with the Defendant and the instant land at KRW 99,00,000,000 for the purchase price of 365 square meters, which is a part of each of the instant land, and paid KRW 300,000,000 for the remainder on February 8, 2018, and KRW 69,000,000,000 for the remainder on February 8, 2018 (no penalty exists). In a special contract, the Plaintiff may pay and terminate the down payment, along with the down payment, if the Defendant wishes to terminate the sales contract by December 30, 2017, and if the Plaintiff wants to terminate the contract or fails to transfer the ownership on the remainder date, the Plaintiff paid the down payment to the Defendant within 30 days from the remainder on the same day (hereinafter “instant sales contract”).

C. On January 31, 2018, the Plaintiff sent to the Defendant a certificate of content that notifies the Defendant of the completion of the necessary preparation for the transfer of ownership of each of the instant land, as the Plaintiff was prepared to pay any balance under the instant sales contract on the agreed balance payment date.

C. On February 8, 2018, the remainder payment pursuant to the instant sales contract and the Defendant did not transfer ownership of each of the instant land, and passed on February 8, 2018. On the 20th of the same month, the Plaintiff sent to the Defendant a certificate of content that “the instant sales contract is terminated, as the Defendant did not implement the procedures for ownership transfer, such as the division of each of the instant land.”

[Ground of recognition] Unsatisfy, Gap's statements in Gap's evidence 1, 2, 4 through 18, the purport of the whole pleadings

2. The assertion; and

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