(영문) 울산지방법원 2015.01.06 2014가단17106

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2015.01.06 2014가단17106

계약금반환

Text

1. The defendant shall pay 80,000,000 won to the plaintiff and 20% per annum from July 2, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On November 18, 2013, the Plaintiff entered into a sales contract with the Defendant, setting the purchase price of Ulsan-gu C land and buildings owned by the Defendant (hereinafter “instant real estate”) at KRW 430,00,000, down payment amount of KRW 40,000,000, and the remainder payment date of KRW 30,000,000.

Article 6 of the sales contract provides that "if a seller or a purchaser fails to fulfill the terms and conditions of this contract, the other party may notify in writing the person who has defaulted and cancel the contract. The contracting party may claim damages arising from the termination of the contract to the other party, respectively, and the contract deposit shall be deemed as the basis for compensation for damage, unless otherwise agreed."

B. The Plaintiff paid the Defendant the down payment of KRW 40,000,000 by November 19, 2013.

C. On June 12, 2014, the Plaintiff would cancel the sales contract if the Defendant would move to the real estate brokerage office and complete the registration of ownership transfer at the same time as the receipt of any balance by June 16, 2014, and if the Defendant fails to do so, the Plaintiff would cancel the sales contract.

“Along with the content,” the content was certified, and reached the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, purport of the whole pleadings

2. Assertion and determination

A. (1) The remainder payment date of the Plaintiff’s instant sales contract was postponed on May 12, 2014 by agreement between the Plaintiff and the Defendant. Although the Plaintiff provided the remainder payment on May 12, 2014 and May 21, 2014, the Defendant did not comply with the procedure for ownership transfer registration.

Inasmuch as the instant sales contract was cancelled on the ground of the Defendant’s nonperformance, the Defendant is obligated to return the down payment of KRW 40,000,000 to the Plaintiff and pay KRW 40,000,000 to the Plaintiff in accordance with Article 6 of the instant sales contract.

The remainder payment date of the sales contract of this case was April 30, 2013, and the plaintiff and the defendant did not agree on the postponement of the remainder payment date.

The plaintiff is required to pay the balance.

유사 판례

-수원지방법원안산지원 2014.12.23 2014가단14771

-울산지방법원 2015.12.16 2015나496

-대전지방법원 2020.07.23 2019가단116051

-인천지방법원 2017.09.13 2016가단55621

-수원지방법원 2017.02.09 2016가합73449