(영문) 제주지방법원 2020.06.22 2019가단57932

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(영문) 제주지방법원 2020.06.22 2019가단57932

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 2, 2017, the Plaintiff ( his/her agent C) entered into a sales contract with the Defendant ( his/her agent E) to purchase the real estate listed in the separate sheet (hereinafter “instant land”) with the purchase price of KRW 1.35 million (5 million per day down payment, KRW 5 million until October 31, 2018, KRW 1.3 billion) (hereinafter “instant contract”).

B. On November 3, 2017, the Plaintiff paid a down payment of KRW 5 million to the Defendant.

-Article 5 (Cancellation of Contract) Until 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) A seller or a buyer may, in the event of default under this Agreement, notify in writing the other party who has defaulted his obligation and may cancel the contract if not performed.

In such cases, the seller and the buyer may claim damages from the other party respectively, and the standards of Article 5 shall apply, unless otherwise agreed on the damages.

- The construction of a building permit and warehouse should be completed, including the sale of real estate including superficies on the land of this case.

C. The main contents of the instant contract and the special agreement are as follows.

On March 11, 2019, the Plaintiff sent to the Defendant a certificate of content that, “In the absence of any mentioning mentioning the fact that the Plaintiff agreed to the new construction of a house and warehouse for farmers, it cannot be said that the Plaintiff is no longer able to do so.” As such, the Defendant sent to the Plaintiff a certificate of content that, as well as the termination of the instant contract and the amount of the down payment, the Defendant compensated the Plaintiff for the amount of the down payment, thereby subtracting 1/3 from the purchase price stated in the instant contract at the time of the transfer of ownership

E. The Defendant E on June 2017.

유사 판례

-인천지방법원 2016.11.24 2016가단228047

-대전지방법원 2017.05.11 2015가단41135

-서울고등법원 2016.11.02 2016나2006550

-서울동부지방법원 2018.06.07 2017가합105423

-창원지방법원 2015.08.27 2014가합36276