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(영문) 부산지방법원 2017.10.19 2016가단355311
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 19, 2016, the Plaintiff entered into a contract with the Defendant to purchase KRW 210,000,000 (hereinafter “instant sales contract”) of KRW 140,000 from the purchase price for the housing of 167.22, 167,22,000 square meters of the instant real estate on the two-storys of the Busan Northernbuk-gu C site and the ground brickd brickd lubial roof (hereinafter “instant real estate”).

B. The instant sales contract provides that the Plaintiff shall pay the Defendant the down payment of KRW 30,000,000 on the date of the contract, and that the Plaintiff shall pay the remainder of KRW 47,000,000,000, excluding the remainder of KRW 133,000,000, excluding the remainder of KRW 133,000,000, which the Plaintiff agreed to accept, to the Defendant by November 21, 2016.

C. Article 5 of the instant sales contract provides that the buyer may reimburse the remainder of the down payment to the seller before the buyer pays the remainder to the seller, and the buyer may waive the down payment and rescind the contract.

The Plaintiff did not pay any balance on the date stipulated in the instant sales contract, and the Defendant notified on November 23, 2016 and on two occasions on November 30, 201 of the same year to pay the remainder within the period of three days, respectively. In the event that the Plaintiff fails to pay the remainder within the said period, it is reasonable to deem that the instant sales contract was terminated.

On November 24 and December 1 of the same year, each of the above content certificates sent to the Plaintiff, respectively, to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 6 (including paper numbers), the purport of the whole pleadings

2. The rescission of a sales contract on the ground that the plaintiff's remaining assertion is still effective for a fixed period of not more than one week, and the defendant refused to receive the contract even though the plaintiff expressed his/her intent to pay the remainder to the defendant on December 5, 2016, four days after the receipt of the defendant's peremptory notice. The defendant's notification of rescission of the contract is invalid, and rather, the defendant's notification is invalid.

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