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Reasons
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(영문) 부산지방법원 2019.04.24 2018가합49693
매매대금반환
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1. The defendant shall pay to the plaintiff KRW 237,380,000 and KRW 215,800 among them, from July 6, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. The status of the parties and the ownership relationship of the building of this case 1) The defendant is a major complex building D (hereinafter "the building of this case") on the ground of Busan Metropolitan Government C.

(2) After completing registration of ownership preservation on the instant building on April 13, 2017, the Defendant completed registration of ownership transfer on April 13, 2017 to F Co., Ltd. on the same day.

B. (1) On May 16, 2017, the Plaintiff concluded a sales contract with the Defendant for the purchase of the instant building E at KRW 215,800,000 (hereinafter “instant sales contract”).

(2) According to the instant sales contract, the Plaintiff paid the Defendant the remainder KRW 145,800,000 on May 16, 2017, and the intermediate payment KRW 30,000,000 on May 23, 2017, and the remainder KRW 145,80,000 on July 6, 2017.

3) The Defendant did not complete the registration of ownership transfer as to the above subparagraph even though the Plaintiff received all the sales price under the instant sales contract, and the contents relating to the instant sales contract are as follows. Article 2 (Cancellation of Contracts) (3) B (Plaintiff, hereinafter the same shall apply) (the Plaintiff) (hereinafter the same)

A (the defendant, hereinafter the same shall apply)

(4) In the event that the purpose of the contract is not achieved due to a cause attributable to it, in violation of other important matters of the contract, Section 3 (Penalties). (2) In the event that this contract is rescinded due to a cause falling under Section 3 of Article 2, Section 3, Party A shall pay 10% of the total amount of the supply price to Party B as penalty.

(3) In the case of paragraph (2) of this Article, A shall refund B with interest equivalent to 1% per annum from the date of receipt to the date of refund for the price already paid (Provided, That in the case of paragraph (1), the penalty shall be deducted).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4 respectively.

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