logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.07.03 2019나79909
손해배상(기)
Text

1. All of the plaintiffs' claims that were changed in exchange in this court are dismissed.

2. The total cost of the lawsuit.

Reasons

1. Basic facts

A. On October 20, 2018, the Plaintiffs entered into a sales contract (hereinafter “instant sales contract”) with the Defendant, the purchase price of which is KRW 975 million, the down payment of which is KRW 40 million, the first intermediate payment of KRW 20 million (payment date November 4, 2018), the second intermediate payment of KRW 150 million (payment date December 14, 2018), the remainder of which is KRW 765 million (payment date), and the remainder of which is KRW 75 million (payment date December 19, 2018), with the Defendant. The Plaintiffs paid KRW 40 million to the Defendant on the same day (hereinafter “instant sales contract”).

B. At the time of the instant sales contract, the Defendant was the debtor with respect to the instant real estate, three (1) establishment registration (the maximum amount of claims KRW 82.5 million, ② KRW 137.5 million, ③ KRW 195.8 million in total = 415.8 billion) on the following occasions: (a) the establishment registration of a mortgage (the maximum amount of claims KRW 182.5 million, ② the amount of KRW 137.5 million, ③ the amount of KRW

C. With the Defendant’s cooperation, the Plaintiffs received the intermediate payment loan on the instant real estate as security (hereinafter “the instant loan”) and paid the Defendant the intermediate payment, and cancelled the instant right to collateral (3). Meanwhile, upon entering into a lease agreement between the Plaintiffs and the Defendant, the Defendant agreed to substitute for the payment of part of the remainder under the condition that the Defendant resides in the instant real estate, and entered into the following special agreement (hereinafter “the instant special agreement”).

The plaintiffs' intermediate payment loans are reversed due to the defendant's non-cooperation agreement, and the defendant shall reimburse the plaintiffs for double payment of down payment.

Provided, That if a loan is not made due to external factors (national policies, etc.) other than personal issues, the contract shall be reversed without penalty, and the down payment and intermediate payment already paid shall be refunded.

Meanwhile, the Plaintiffs did not pay the remainder of the intermediate payment and remainder to the Defendant, other than the said down payment amounting to KRW 40 million. On October 31, 2018, prior to the date of the first intermediate payment, the Plaintiffs rescinded the instant sales contract to the Defendant.

arrow