logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.06.15 2015가합35164
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 26, 2015, D, which actually operates C, concluded a sales contract with the Defendant to purchase KRW 1.5 billion for the purchase of the Eunpyeong-gu Seoul E large 403 square meters and its ground-based detached housing (hereinafter collectively referred to as “instant real estate”) with the Defendant for KRW 1.5 billion.

B. D, having difficulty in procuring the purchase price, proposed the purchase of the instant real estate to the Plaintiff via F on March 2015, and the Plaintiff accepted it.

C. D As the Plaintiff’s agent on April 9, 2015, the Plaintiff purchased the instant real estate from the Defendant in the amount of KRW 1.5 billion, but the down payment of KRW 300 million is KRW 1.2 billion at the time of concluding the contract.

4. 21. The preparation of the contract in which each payment is made in 21.2. The contract deposit, in fact, shall be KRW 100 million on the date of the contract, and the intermediate payment shall be paid in KRW 200,000,000,000,000,

4. 21. Agreement to pay a bank loan.

(hereinafter “instant sales contract”). The instant sales contract includes the following:

Article 4 (Cancellation of Contract) Where a contract is rescinded after the entry into force of the contract before the intermediate payment (if there is no advance payment agreement, the remainder), the seller as a penalty may compensate twice the down payment, and the buyer may rescind the contract by waiver of the down payment.

Article 5 (Non-performance of Obligations) A seller or a buyer shall notify, in writing, the other party who has defaulted the obligation to perform the obligation, and in cases of failure to perform the obligation, he/she may rescind the contract, and in such cases, he/she may claim damages from each other and shall be based on the contract deposit, unless otherwise agreed.

According to the instant sales contract, the Plaintiff on April 10, 2015 and the Defendant.

5.4. Each KRW 100 million;

5.14.6 million won;

5.18.4 million won.

arrow