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(영문) 수원지방법원여주지원 2017.11.09 2017가단577
계약금반환및위약금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 1, 2016, the Plaintiff entered into a contract with the Defendant to purchase the Plaintiff (hereinafter “instant contract”) at the amount of KRW 325 million (hereinafter “instant house”) with the amount of KRW 523,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00).

B. The Plaintiff paid the Defendant the down payment of KRW 30 million on the instant contract date.

C. On October 5, 2016, the Plaintiff sent a written notification (hereinafter “instant written notification”) to the Defendant, stating that “Around October 5, 2016, the Plaintiff was unable to pay any balance due to the failure to resolve the defect in the land portion up to the present time, despite the Defendant’s duty to have the Plaintiff acquire the land portion prior to the remainder of the payment.”

Accordingly, around October 7, 2016, the Defendant sent to the Plaintiff a certificate of qualification for acquisition of farmland stating that “If it is possible for the Plaintiff to issue a certificate of qualification for acquisition of farmland to walking on the part of the instant land, the Plaintiff refused to remove the asphalt, and the Plaintiff’s examination of the current status and pointed out as a broker and then sold the current status as it cannot be deemed a contractual defect, and thus, the Defendant paid the balance by October 21, 2016.”

[Grounds for Recognition: Evidence Nos. 1, 2, Eul No. 1, 2, and 3 (including paper numbers; hereinafter the same shall apply)

(i) each entry and the purport of the whole pleadings

2. Determination as to the cause of action

A. The part of the instant land asserted by the Plaintiff concerning the return of the down payment and the claim for penalty due to the rescission of the contract.

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