beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) On February 13, 2012, the Plaintiff and C (hereinafter “Plaintiff, etc.”) purchased real estate listed in the separate sheet (hereinafter “instant building”) executed by the Defendant Co., Ltd. (hereinafter “D”) from the Defendant as the purchase price of KRW 1.4 billion (hereinafter “instant sales contract”), and the Plaintiff, etc. paid the Defendant KRW 10 million on February 13, 2012 and KRW 230 million on March 5, 2012, and KRW 400 million on March 6, 2012 and KRW 70 million on March 6, 2012, the instant building was delivered.
(2) Even after the expiration of the deadline for the payment of intermediate payments and the remainder, the Defendant notified the Plaintiff, etc. of the payment of intermediate payments and the remainder on January 23, 2015, and continued to pay the sales price to the Plaintiff, etc., and the Defendant expressed his/her intent to cancel the instant sales contract on February 9, 2015 on the ground that the Plaintiff, etc.’s failure to pay the sales price.
On February 11, 2015, the certificate of content written by the agency was sent to the plaintiff et al., which reached the plaintiff et al.
B. (1) The Defendant filed a lawsuit against the Plaintiff, etc. seeking delivery of the instant building due to restitution following the cancellation of the instant sales contract by Suwon District Court Decision 2015Gahap67799, and as to this, the Plaintiff, etc., etc., upon a counterclaim (2015Gahap67805) was unable to execute the instant sales contract due to a cause attributable to the Defendant, and thus the Plaintiff, etc. cancelled the sales contract. As such, the Defendant is obligated to return the sales price KRW 400 million due to restitution. Even if the Defendant’s claim for cancellation of the contract is accepted, only KRW 100 million out of the sales price paid by the Plaintiff, etc. falls under the scheduled contract amount as contract deposit and the liquidated damages, and if the entire amount of KRW 400 million constitutes liquidated damages, it is excessively excessive.