(영문) 대구지방법원 2019.06.20 2018나319489

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(영문) 대구지방법원 2019.06.20 2018나319489

계약금반환

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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. On July 9, 2017, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with the Defendant to purchase the Daegu Dong-gu C Apartment D (hereinafter “instant apartment”) with the following content.

Sales proceeds: 318 million won down payment: 20 million won (payment and receipt at the time of a contract) balance: Article 2 (Transfer, etc. of Ownership) of the sales proceeds: The seller shall deliver all documents necessary for the registration of ownership transfer to the purchaser at the time of receipt of the balance of the sales proceeds and shall cooperate with the registration procedures, and the date of delivery of the said real estate shall be September 29, 2017.

Article 5 [Cancellation of Contract] Before the buyer pays the intermediate payment (if there is no intermediate payment, the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or a purchaser has defaulted on the terms and conditions of this Agreement, the other party shall be notified in writing to the person who has defaulted and the contract may be rescinded.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

The special agreement: The balance shall be modified when both parties reach an agreement.

5 million won out of down payment 20 million won shall be deposited on July 10, 2017.

(b).

On July 5, 2017, the date of the instant sales contract, the Plaintiff paid the Defendant KRW 5,000,000 as a provisional contract deposit, and KRW 10,000,000 as of July 9, 2017, the date of the instant sales contract, respectively, and paid the down payment of KRW 5,000,000 on the following day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, testimony of Gap witness E in the first instance trial, purport of whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is of this case.

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