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(영문) 수원지방법원 2018.08.23 2018나166
계약금및중도금
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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. (1) On November 1, 2016, the Plaintiff entered into a contract with the Defendant to purchase two parcels, such as Daejeon-gu, Daejeon-gu, and one building on its ground (from the first to the sixth floor, a house with a 7th floor, and a land and a building collectively referred to as “instant real estate” (hereinafter referred to as “instant contract”). On the date of the contract, the Plaintiff paid the Defendant the down payment of KRW 10 million and the intermediate payment of KRW 20 million on November 7, 2016, respectively.

o The purchase price of KRW 1.3 billion (a contract deposit of KRW 10 million, KRW 20 million in the intermediate payment of November 7, 2016, and KRW 1170 million in the remainder of November 29, 2016) o Article 6: In the event of a seller’s breach of contract, the seller shall reimburse the amount of the down payment and the buyer shall not claim the return of the down payment at the time of the breach of contract.

o Special-purposes: The above-mentioned General Transfer Agreement and the balance shall be settled at the same time as both agreed.

When a loan is made, the seller shall provide a security.

The Plaintiff intended to borrow the instant real estate as a bank loan and to pay the balance to the Plaintiff, but did not seem to do so.

On the other hand, on November 21, 2016, prior to the remaining payment date, the Daejeon District Court rendered a voluntary decision to commence the auction on the instant real estate as D upon the application of the National Federation of Fisheries Cooperatives.

(3) At the time of the instant purchase and sale contract, the Plaintiff did not pay any balance and extended the payment period several times in the future of the National Federation of Fisheries Cooperatives (the Plaintiff intended to directly repay the Defendant’s collateral debt and withdraw the said voluntary auction application, instead of paying the balance, but did not ultimately raise funds). The Defendant expressed its intent to sell the instant real estate to the Plaintiff via a real estate broker to a third party to raise funds necessary to withdraw the said voluntary auction.

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