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(영문) 수원지방법원안산지원 2019.01.24 2018가단52252
계약금반환청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 30, 2016, the Plaintiff entered into a sales contract with the Defendant, setting the sales amount of KRW 950 million, totaling KRW 160 million, and KRW 1110,000,000,000,000 for the transfer of rights (hereinafter “instant sales contract”) as KRW 1.1 billion with respect to the building for the members of Ansan-si and the 247.8 square meters and above ground childcare center (hereinafter “instant real estate”), and agreed to pay KRW 100,000,000 on the date of the contract, the remainder of KRW 1 billion on the date of the contract, and the remainder of KRW 1 billion on April 28, 2017.

B. On June 30, 2016, the Plaintiff paid a down payment of KRW 100 million to the Defendant.

C. On May 10, 2017, the Defendant urged the Plaintiff to pay the remainder of the purchase price and the outstanding transfer price of rights until May 31, 2017, and did not pay the remainder of KRW 1,000,000,000,000,000, and sent a content-certified mail, as of June 1, 2017, to cancel the sales contract and the contract for the transfer of rights to the instant real estate and confiscate the down payment paid KRW 100,000,000 (hereinafter “Notice as of May 10, 2017”), and reached the Plaintiff around that time.

On May 31, 2017, the Plaintiff sent a content-certified mail (hereinafter “Notice of May 31, 2017”) to the Defendant to the effect that, as the Plaintiff unilaterally reversed the contract by unilaterally sending a content-certified mail to cancel the promise to postpone the balance with the Defendant and confiscate the down payment, the Plaintiff returned the down payment of KRW 100 million (hereinafter “instant notification”). On June 2, 2017, the Plaintiff reached the Plaintiff.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 4, 5, and 6 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the Defendant unilaterally notified the Plaintiff of the payment deadline for the remainder, even though the Plaintiff agreed to postpone the payment date of the remainder of the instant sales contract, and unilaterally confiscated the instant sales contract as of June 1, 2017, and would no longer perform its obligation.

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