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Reasons
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(영문) 서울중앙지방법원 2016.12.14 2016나9086
계약금반환
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On October 17, 201, the Plaintiff and C entered into a sales contract with the Defendant, the seller, for the purchase price of KRW 1,900,000,000,000, the down payment of KRW 200,000,000, the remainder of KRW 1,700,000,000, and the remainder payment of KRW 200,000,000 on December 20, 201 (hereinafter “instant sales contract”). On the same day, the Plaintiff paid KRW 200,000,000 to the Defendant on the same day.

B. On December 15, 2011, the Defendant was awarded a successful bid and completed the registration of ownership transfer on March 21, 2012.

C. Since then, regarding subparagraph 101 among the instant real estate, each registration for transfer of ownership was completed in D on April 5, 2012 by the Seoul Central District Court No. 17283, No. 17283, Feb. 20, 2012; and with respect to subparagraph 201, the registration for transfer of ownership was completed in D on February 20, 2012 by the same registration office No. 15784, Mar. 28, 2012.

In addition, with respect to subparagraph 301 of the instant real estate, the registration of transfer of ownership based on the sale on June 27, 2013 received by the Seoul Central District Court Branch No. 32343, Jun. 24, 2013; and with respect to subparagraph 401 of the instant real estate, the registration of transfer of ownership based on the sale on March 20, 2012, No. 21687, which was the receipt of the same registry office on May 2, 2012, was completed in the future of the Jinia Asset Management Corporation.

[Ground of recognition] Evidence Nos. 1, 2, Eul evidence Nos. 1, Eul evidence Nos. 2-1 through 4, the purport of the whole pleadings

2. Determination

A. (1) After the Plaintiff’s assertion, the Plaintiff and the Defendant agreed to pay the down payment paid by the Plaintiff in addition to 19% damages for delay if the buyer is changed. As the Plaintiff and the Defendant failed to prepare any balance, Articles 301 and 401 of the instant real estate on March 28, 2012, the Plaintiff and the Defendant will change from the purchase price of D.

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