(영문) 수원지방법원 성남지원 2017.01.25 2016가단5824

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(영문) 수원지방법원 성남지원 2017.01.25 2016가단5824

계약금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 15, 2015, the Plaintiff entered into a sales contract with the Defendant to purchase 660 square meters prior to Gwangju City, Gwangju City, and 1,506 square meters prior to Gwangju City D (hereinafter “instant real estate”) (hereinafter “instant sales contract”).

The contents of the instant sales contract relating to the instant case are as follows.

Article 1 In the sale of the above real estate, the seller and the buyer shall pay the purchase price as follows:

The contract deposit amount of KRW 1,000,000,000 (1,054,500,000) shall be paid at the time of the contract and the balance of the payment shall be paid at the time of the contract and shall be KRW 1,000,000,000,000,000 in old loan (the separate provisions

Article 2: The seller shall deliver all documents necessary for the registration of ownership transfer and cooperate with the registration procedure at the time of receiving the balance of the purchase price, and deliver the said real estate on August 14, 2015.

Article 5 The seller shall compensate for the amount of the down payment before the buyer pays the intermediate payment (if there is no intermediate payment agreement, the remainder), and the buyer may waive the down payment and cancel this contract.

Article 6 In the event of default on obligations under this Agreement, the seller or the buyer of the contract may notify in writing the other party who has defaulted on obligations, and may cancel the contract if the other party has failed to perform the obligation.

In such cases, the seller and the buyer may claim damages from the other party respectively, and the standards of Article 5 shall apply unless otherwise agreed on the damages.

Matters of special agreement

2. It is the maximum amount of 987,00,000 won for two parcels of bank bonds.

5. The seller shall give consent to land use by E himself/herself and present a written consent immediately to the facilities underground (urban gas, water supply, excellent water supply, electricity, communications) without any condition to the seller.

C. On June 15, 2015, F prepared and sent to the Plaintiff a letter of the following content:

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