(영문) 서울중앙지방법원 2016.09.08 2016가단5020513

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(영문) 서울중앙지방법원 2016.09.08 2016가단5020513

위약금 등 청구의 소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 20, 2015, the Plaintiff concluded a sales contract with the Defendants on July 20, 2015, to purchase 33 square meters of shares and 62.72 square meters of a ground building in Jung-gu Seoul Metropolitan Government (hereinafter “instant real estate”). The Plaintiff concluded a sales contract with the following content:

(hereinafter “instant sales contract”). The remainder of KRW 150 million on the contract date, while the delivery date of real estate payment of KRW 135 million on October 15, 2015 shall be October 15, 2015: Provided, That the remainder of the contract date shall be adjusted between the seller and the buyer before and after October 15, 2015, and the seller shall compensate for the double amount of the down payment, and the buyer shall not claim the return of the down payment if the buyer is in breach of the contract, the down payment shall be invalidated and the down payment shall not be claimed.

B. The Plaintiff paid 15 million won down payment to the Defendants on the instant contract date.

C. On December 19, 2015, the Defendants sold the instant real estate in KRW 140 million to Nonparty E, and completed the registration of ownership transfer on December 29, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2, A2, 3, Eul evidence 1, 17, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was delayed to borrow the remainder and did not pay the remainder by the due date for the remainder payment. The Defendants also did not provide performance for the transfer of ownership of the instant real estate, and were in a situation of delay in the performance of both parties since October 16, 2015. However, the instant sales contract became impossible due to the Defendants’ sale of the instant real estate to Nonparty E on December 19, 2015 and the transfer of ownership registration was completed on December 29, 2015.

Since the instant sales contract was impossible to perform due to the reasons attributable to the Defendants, the Plaintiff is released by the delivery of a duplicate of the instant complaint.

Therefore, the Defendants are liable to compensate for the damages of KRW 30 million, which is a double of the down payment received from the Plaintiff pursuant to Article 8 of the instant sales contract.

B. The defendants' assertion of this case.

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