(영문) 인천지방법원 2018.06.26 2018가단2249

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(영문) 인천지방법원 2018.06.26 2018가단2249

계약금 반환 및 위약금 청구

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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 October 28, 2017, the Plaintiff and the Defendant concluded a sales contract with the Plaintiff as to the buyer, the Defendant, the seller, the sales price of KRW 250 million, the sales price of KRW 250 million, the remainder payment date, and the delivery date of real estate on November 30, 2017 (hereinafter referred to as the “instant sales contract”). The sales contract with the Plaintiff as to the buyer, the Defendant, the seller, the sales price of KRW 250 million, the down payment amount of KRW 250 million, the remainder payment date, and the date of delivery of real estate as of November 30, 2017 (hereinafter referred to as the “instant contract”). The part of the sales contract is as follows:

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be based on the compensation for damages, unless otherwise agreed.

Matters of special agreement

4. If the present building was invaded by another person's land or the building was invaded by another person's land, the seller shall be liable for it.

B. The Plaintiff paid the Defendant the down payment of KRW 25 million according to the instant sales contract.

C. The Defendant conducted a boundary survey on the instant land, and as a result, it was found that part of the building constructed on the land E, located on the Incheon Cheongjin-gun, Incheon, Incheon, which was adjacent to the instant land, was invaded with ten square meters of the instant land.

(The contents of cadastral surveying shall be as shown in the attached Form).

It is difficult for the Defendant to view that the content of the contract cannot be implemented even if he/she used approximately two to three neighboring buildings among the land in this case on November 14, 2017.

Therefore, the thickness of the receiver is the whole of the sales contract.

유사 판례

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