(영문) 청주지방법원 2017.02.15 2016가단15204

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(영문) 청주지방법원 2017.02.15 2016가단15204

계약금반환

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1. The defendant shall pay to the plaintiff the amount of KRW 25,00,000 and KRW 15,000 among them, which shall be repaid to the plaintiff from September 13, 2016.

Reasons

1. Facts of recognition;

A. On May 24, 2016, the Plaintiff purchased each of the instant land owned by the Defendant (hereinafter “each of the instant land”) at KRW 100 million between the Defendant and the purchase price. However, the down payment of KRW 15 million is paid on the date of the contract, and the Plaintiff succeeds to the loan of KRW 20 million, and the remainder of KRW 65 million is paid on October 28, 2016 (hereinafter “instant sales contract”), and the Defendant paid the down payment of KRW 15 million to the Defendant.

B. At the time of the instant sales contract, the Plaintiff and the Defendant agreed on the following matters:

(1) The buyer may reimburse the sum of the down payment to the seller before the buyer pays the intermediate payment (if there is no intermediate payment, the intermediate payment) and the buyer may rescind the contract by giving up the down payment and cancelling it.

(2) If a seller or a purchaser fails to perform any of the terms and conditions of this contract, the other party may give written notice to the person who has failed to perform the contract and cancel 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 deemed to be the basis for compensation for damages, unless otherwise agreed on the damages (Article 6 of the sales contract and the damages).

(Special Terms and Conditions of Contract)

The Plaintiff sent to the Defendant, on August 12, 2016, a content-certified mail, stating that the decision of provisional seizure (Cheongju District Court 2002Kadan2431), relating to the registration of provisional seizure for each land of this case, shall not be revoked and that the registration of provisional seizure shall not be revoked, and that, on August 20, 2016, if the registration of provisional seizure is not revoked by August 20, 2016, the Plaintiff claims damages equivalent to the down payment and the down payment.

유사 판례

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