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(영문) 대전지방법원천안지원 2019.06.21 2018가합102990
매매대금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 1, 2017, the Defendant: (a) agreed with the Plaintiffs, D, E (hereinafter collectively referred to as “Plaintiff, etc.”) to sell the building to the Plaintiff, etc., and entered into a sales contract by the Defendant with the Plaintiff, etc.

(hereinafter the above sales contract is “the instant sales contract,” and the pertinent sales contract is “the instant sales contract.”

According to the above sales contract, the total purchase price of KRW 8,00,000, the down payment amount of KRW 750,000,000, the remainder payment date of KRW 750,000, and the remainder payment date of January 31, 2018 were stated respectively, and the default and damages are deemed as the basis for compensation for damages, unless otherwise agreed on the compensation for damages.

C. The Plaintiff et al. failed to pay any balance by January 31, 2018, which is the remaining payment date. The Defendant demanded the Plaintiff et al. to pay the balance by April 30, 2018, but the Plaintiff et al. failed to pay the balance by April 30, 2018.

On May 10, 2018, the Defendant demanded the Plaintiff, etc. to pay the balance by May 15, 2018, and notified that the contract will be rescinded if the balance is not paid until then.

However, the plaintiff et al. does not pay any balance until the date of closing argument.

On the other hand, on November 17, 2018, D and E transferred their right to claim the return of down payment under their sales contract to the Plaintiffs, and notified the Defendant thereof.

[Reasons for Recognition] The facts without dispute, Gap evidence 1 through 6 (each number omitted; hereinafter the same shall apply), Eul evidence 1 to 3, witness G testimony and the purport of the whole pleadings

2. Judgment on the main claim

A. The gist of the instant sales contract is as follows: (a) the down payment is KRW 750,00,000; (b) however, the Plaintiff, etc. and the Defendant actually agreed on the down payment amount of KRW 800,000,000; and (c) the Plaintiff, etc., by November 1, 2017, all of the Defendant are KRW 80,000,000.

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