(영문) 수원지방법원 2017.06.15 2016가단530846

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.06.15 2016가단530846

채무부존재확인

Text

1. The real estate sales contract between the Plaintiff and the Defendant on May 20, 2016 between the Plaintiff and the Defendant is based on the attached list.

Reasons

1. Basic facts

A. On May 20, 2016, the Plaintiff sold the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as the purchase price of KRW 590,000,000,000, the Plaintiff agreed to receive the remainder KRW 530,000 when entering into a contract, and agreed to receive the payment of KRW 530,00,000 on July 20, 2016; the Plaintiff paid KRW 40,000,000 out of the down payment of KRW 60,000 as a check according to a special agreement, and paid the remainder KRW 20,00,000 on May 25, 2016; and “the construction permit of the instant real estate shall be null and void at the time it becomes known”.

(hereinafter “instant sales contract”). B.

Article 7 of the sales contract of this case provides, “(1) In the event of default on the obligation under this contract by a seller or a buyer, the other party may demand in writing a person who has defaulted and rescind the contract.” (2) In the event that the contract is rescinded pursuant to paragraph (1), unless otherwise agreed, the buyer is liable to confiscate the down payment and the seller is liable to compensate for the double of the down payment if the contract is breaching.”

C. On May 20, 2016, the Defendant paid to the Plaintiff KRW 60,00,000,000, totaling KRW 20,000,000 on May 25, 2016, as down payment.

As the Defendant did not pay the remainder by the date of the payment of the remainder under the instant sales contract, the Plaintiff notified the Defendant of the payment of the remainder by August 10, 2016, with the content certification as of August 1, 2016, and thereafter notified the Defendant of the cancellation of the instant sales contract due to the Defendant’s failure to pay the remainder by August 10, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2-1 through 9, 3, and 4, and the purport of the whole pleadings

2. The parties' assertion

A. The instant sales contract was rescinded due to the Plaintiff’s violation of the obligation to pay the remainder, and KRW 60,000,000 is a penalty.

유사 판례

-서울남부지방법원 2016.01.22 2013가합106988

-수원지방법원 2018.09.05 2017나69595

-춘천지방법원 원주지원 2018.09.18 2017가단33154

-서울남부지방법원 2016.06.23 2015가합111540

-서울북부지방법원 2017.06.02 2016나34104