(영문) 대전지방법원 2016.12.08 2016가합101901

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(영문) 대전지방법원 2016.12.08 2016가합101901

매매대금반환

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1. The plaintiff's main claim is dismissed.

2. The defendant shall receive KRW 375 million from the plaintiff at the same time.

Reasons

1. Presumed facts

A. On July 23, 2014, the Plaintiff concluded a sales contract with the Defendant to purchase (hereinafter “instant contract”) KRW 825 million (the contract amounting to KRW 30 million, intermediate payment to KRW 70 million, and KRW 450 million on October 31, 2014) of the D building 1909 (hereinafter “instant real property”) located in Seo-gu, Daejeon, Daejeon, Daejeon, as indicated in the attached list (hereinafter “instant real property”).

B. The instant contract is to substitute the Plaintiff’s total sum of KRW 370 million for the amount paid as the investment agreement amount to the Defendant. The financial interest of KRW 80 million for the investment agreement amount is to be settled after mutual consultation on the remainder date. The Defendant cancelled the registration of establishment of a mortgage and the registration of seizure, etc. established on the instant real estate on the remainder date, and if a party fails to perform his/her obligation, the other party may notify the defaulted person in writing and cancel the contract, and the down payment shall be deemed as the basis for compensation for damages.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap evidence 2 (including a paper number; hereinafter the same shall apply) and the purport of whole pleadings

2. Judgment on the main claim

A. The summary of the Plaintiff’s assertion “the Plaintiff notified, on March 21, 2016, the Defendant to cancel the registration of the establishment of a neighboring mortgage and the registration of the seizure and deliver the documents necessary for the registration of the transfer of ownership to the Defendant, and provided the performance of the balance along with the head of the Tong mark and details with the balance deposited in excess of the balance amount in the peremptory notice. Nevertheless, the Defendant did not perform this up to now, and the Plaintiff rescinded the instant contract by the delivery of the complaint. As such, the Defendant is obliged to pay the Plaintiff the amount of KRW 60 million (i.e., the down payment and the intermediate payment deemed to have been paid at KRW 370 million (i.e., the down payment and the intermediate payment deemed to have been paid at KRW 80 million), which the Defendant decided to settle to the Plaintiff.”

(b) judgment 1 original.

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