(영문) 부산지방법원 동부지원 2018.10.24 2018가합103661

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(영문) 부산지방법원 동부지원 2018.10.24 2018가합103661

매매대금반환

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On June 28, 2017, Plaintiff A prepared a sales contract with the Defendants on the purchase price of KRW 4.4 billion (in case of a contract, KRW 300 million for intermediate payment shall be KRW 100 million until October 16, 2017, and KRW 4 billion shall be paid until January 15, 2018) between the Defendants and the purchase price of the building E-do, Busan Metropolitan City and KRW 398 square meters, KRW 109 square meters, and KRW 109 square meters for each of the instant real estate (hereinafter “each of the instant real estate”). The Plaintiff A succeeds to the loan of the Bank from KRW 2 billion to KRW 2.5 billion in the attached Form (Special Clause) of the said sales contract. Both parties to the instant contract shall be liable for penalty for breach of contract against a person responsible for nonperformance, and both parties to the said contract shall also apply the penalty for breach of contract.

B. On November 2017, Plaintiff A asked the Defendants to additionally request the Plaintiff B, one’s spouse, as a joint purchaser of each of the instant real estate, to add the Plaintiff B to the joint purchaser of each of the instant real estate. The Plaintiffs are “the instant sales contract between the Defendants and the Defendants on December 29, 2017, with respect to each of the instant real estate, the purchase price of KRW 4.4 billion (the contract amount of KRW 300 million, the intermediate payment of KRW 100 million, until January 2, 2018, and the balance of KRW 4 billion, until March 30, 2018).”

AB concluded the agreement.

The terms and conditions of the instant sales contract are as follows.

5. The right to collateral security established on the real estate shall succeed to the purchaser at the balance payment.

6. The buyer shall succeed to the rental deposit and monthly rent, deduct the rental deposit from any balance and the monthly rent from the balance and settle the balance on the basis of the balance date.

(B) The buyer shall comprehensively succeed to the status of the rental business operator upon application of the buyer before the remainder. (3) The lease deposit and monthly rent may be changed or somewhat different, and the unpaid monthly rent shall be settled by the seller.

10. Both parties to this contract shall be liable for the default.

유사 판례

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