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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Defendant expressed to E, an employee of the D Licensed Real Estate Agent Office located in Michuhol-gu Incheon Metropolitan City, an intention to sell the said land and buildings to KRW 810,00,000,000 for housing and neighborhood living facilities (hereinafter “each of the instant real estate”) of the 267.8 square meters in Michuhol-gu Incheon Metropolitan City and the above ground brick slives slives slives slives slives of the ground,
B. The Plaintiff expressed to E the intent to purchase each of the instant real estate in KRW 810,00,000. On May 8, 2019, E delivered the said intent to the Defendant’s side. On the same day, the Plaintiff transferred KRW 30,000,000 to the account under the name of the Defendant (KB National Bank G).
C. The Plaintiff and the Defendant agreed to prepare a sales contract around May 9, 2019. However, on the first floor of each of the instant real estate, the Plaintiff and the Plaintiff refused to receive KRW 30,000,000, by asserting that the sales contract for each of the instant real estate was concluded, and the lessee who operates a coffee shop was required to withdraw as soon as the expiration date of the contract, and there was a difference between the parties regarding the resolution of the said problem. On May 31, 2019, the Defendant expressed an intention to not conclude the sales contract for each of the instant real estate and to return KRW 30,000,000 to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6, 7, 8 (including provisional number), Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The Plaintiff’s assertion and the Defendant confirmed the sales intent through a licensed real estate agent and concluded a sales contract by transferring KRW 30,000,000 to the Defendant as part of the down payment.
However, the defendant unilaterally cancelled the sales contract by refusing to prepare the sales contract, and the sales contract of this case is cancelled due to the reasons attributable to the defendant.
Therefore, the amount of KRW 30,000,000 paid contract deposit shall be a penalty.