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(영문) 대구지방법원 2018.11.02 2017가단123895
계약금반환
Text

1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from September 1, 2017 to November 2, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On July 8, 2017, the Plaintiff and the Defendant concluded a sales contract with respect to the Daegu-gu C Apartment D (hereinafter “instant real estate”) owned by the Defendant as follows (hereinafter “instant sales contract”).

The purchase price: 318 million won down payment: 20 million won (payment at the time of a contract and receipt. The Defendant) balance: Article 2 of the seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price and shall cooperate with the registration procedure, and the date of delivery of the said real estate shall be September 29, 2017.

Article 5 Before the buyer pays the intermediate payment (if there is no intermediate payment, the intermediate payment) to the seller, the seller shall reimburse the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 If a seller or a purchaser fails to fulfill the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and cancel the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

The special agreement: The balance shall be modified when both parties reach an agreement.

5 million won out of down payment 20 million won shall be deposited on July 10, 2017.

(b).

According to the instant sales contract, the Plaintiff paid the Defendant KRW 15 million on the day of the contract, and KRW 5 million on July 10, 2017, as down payment.

C. On August 26, 2017, the Defendant checked whether the Plaintiff could pay the remainder by August 31, 2017 through Licensed Real Estate Agent E or Brokerage Assistant F of the Real Estate Brokerage Office, which brokered the instant sales contract, and whether the cancellation price can be KRW 10 million if the contract is rescinded, but the Plaintiff refused to change the payment date of the remainder and could not reduce the cancellation price.

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