(영문) 창원지방법원 2015.05.12 2014나7142 | 리걸엔진

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(영문) 창원지방법원 2015.05.12 2014나7142

위약금반환

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On April 18, 2013, the Plaintiff entered into a contract with the Defendant to purchase the land for factory C 1,835 square meters and its ground factory buildings (hereinafter “instant real estate”) at KRW 900,000 (hereinafter “instant contract”) on the date of the contract, and paid KRW 30,000,000 as the down payment on the date of the contract, and paid KRW 770,00,000 as the intermediate payment on May 3, 2013, and paid KRW 10,00,00 as the remainder within two months from the date of the said intermediate payment payment, and the buyer paid KRW 10,00,00 as the remainder to the seller until the seller pays the intermediate payment, and the buyer may rescind the instant contract by abandoning the down payment.

B. Accordingly, the Plaintiff paid the Defendant the down payment of KRW 30,000,000 on the date of the contract, but did not pay the intermediate payment on the date of the above intermediate payment.

C. On May 13, 2013, the Defendant sold the instant real estate to F, and completed the registration of ownership transfer in F’s name on June 3, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 7, and the purport of the whole pleadings

2. The Plaintiff’s assertion agreed with the Defendant to postpone the payment date of intermediate payment under the instant contract on May 7, 2013. Accordingly, the Plaintiff completed the preparation for intermediate payment on May 7, 2013.

Nevertheless, on May 7, 2013, the Defendant unilaterally declared that the Plaintiff did not pay the intermediate payment on the date of the intermediate payment originally agreed upon, and that the contract was reversed on the ground that the Plaintiff did not provide personal security, and disposed of the instant real estate to a third party.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount equivalent to KRW 30,000,000 that was received as down payment as part of the damages incurred due to the nonperformance of the instant contract.

3. Determination

A. The plaintiff unilaterally expressed his intention not to perform the contract of this case.

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