(영문) 울산지방법원 2015.04.28 2014가단30147

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(영문) 울산지방법원 2015.04.28 2014가단30147

계약금반환 등

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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 February 8, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 111,000,000 for the purchase price (hereinafter “instant sales contract”), and agreed to pay KRW 11,000,000 for the remainder on the date of the contract, and KRW 100,000 for the remainder on March 20, 2014.

The Plaintiff paid KRW 11,00,000 as down payment.

B. Article 5 of the instant sales contract provides that “Before the buyer pays the intermediate payment to the seller, the seller shall reimburse the down payment, and the buyer may waive the down payment and rescind this contract.” Article 6 provides that “If the seller or the buyer fails to fulfill the terms and conditions of this contract, the other party may either give written peremptory notice to the defaulted person and rescind the contract.”

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

C. On February 10, 2015, the Plaintiff deposited KRW 10,000,000, which is part of the remainder of the purchase price, on the grounds of the Defendant’s refusal to receive payments.

On February 26, 2015, the Defendant sold the instant real estate in KRW 117,00,000 to D, and completed the registration of ownership transfer.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5, 6 evidence, the purport of the whole pleadings

2. Assertion and determination

A. (1) On March 13, 2014, Plaintiff became aware of the fact that water leakage occurs in the instant apartment, and was notified by the Defendant on April 9, 2014 that he/she repaired the defect.

Although the Plaintiff demanded the Defendant to complete the registration of ownership transfer on the apartment of this case at the same time as the remainder payment, the Defendant revoked the sales contract of this case, refused to execute the contract, and sold the apartment of this case to a third party.

Therefore, the sales contract of this case is the defendant.

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